Criminal Law and Procedure


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1.2 Criminal Law and Criminal Procedure

Admission of Guilt Definition An accused's oral or written statement acknowledging that he or she has committed a criminal offense. If a defendant admits an allegation, the plaintiff need not prove it at trial. After-Discovered Evidence Definition In a civil or criminal case, evidence that existed at the time of a motion or trial but that could not have been discovered with reasonable diligence prior to a court ruling upon the motion or the trial's completion.

Upon later discovery, a Aggravate Definition To increase the gravity or seriousness of a crime.


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Aggravated Battery Definition A criminal battery — a physical act that results in harmful or offensive contact with another's person without that person's consent — involving an additional, aggravating factor, such as the infliction of serious bodily injury or the use of Aggravating Circumstances Overview Aggravating circumstances refers to factors that increases the severity or culpability of a criminal act.

Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal. Some generally Aggravating Factor Any fact or circumstance that increases the severity or culpability of a criminal act.

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Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others. Aid and Abet Definition To assist someone in committing or encourage someone to commit a crime. Generally, an aider and abettor is criminally liable to the same extent as the principal.

Also called "aid or abet" and "counsel and procure. A defense to a criminal charge alleging that the accused was somewhere other than at the scene of the crime at the time it occurred. Lee v. Alibi Witness Definition A witness who testifies in support of a defendant's allegation that he or she was somewhere other than at the scene of the crime at the time it occurred.

An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Some states prohibit Allen charges, because they deem them coercive, but the U. Supreme Court upheld their use in Allocution The direct address between the judge and the convicted defendant prior to sentencing.

During the address, the judge speaks directly to the defendant and asks if the defendant has anything to add prior to hearing the sentence.

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The defendant Anticipatory Warrant An anticipatory search warrant is a warrant that is based on an affidavit that shows probable cause that evidence of a particular crime such as forged checks will be at a specified location at some time in the future. A fortiori Definition A Latin term meaning literally 'from [the] stronger'. A priori assumption. Ab initio Definition A Latin term meaning "from the beginning. Abduction Definition Taking a person away by means of persuasion, fraud, or force. Illustrative caselaw See, e. Abuse of Process.


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Acceptance of Service Definition Agreement by the defendant or the defendant's attorney to accept papers or a complaint without having the papers served by a process server or a sheriff. Miranda v. Arizona, U. See alsoAccusationRights of Accused in Criminal Acquit Definition To find a defendant in a criminal trial not guilty. See alsoAcquittalDouble jeopardy.

Admission Definition 1 A person's, in particular a party's, statement acknowledging that a certain fact is true or silence after another party's assertion of a fact that, if false, would typically elicit a denial. Libretti v. See alsoAdmissionConfessionGuiltyPlea. Admit Definition 1 To state that a certain fact is true. In addition, the unit will require students to consider claims of injustice and arguments for law reform. A warning: The subject matter of the unit can be fascinating, but it can also be disturbing, particularly for those who have had personal experience as victims of crime.

Should you have any concerns about taking the unit, or any aspects of the unit, please contact the lecturer. This unit may be co-taught with a G version of the unit. After successful completion of this unit, students will be able to:. Areas covered may include the mental and physical elements of offences, the standard of proof, the trial process, specific offences, defences and sentencing; and. Use legal research, problem-solving, writing and advocacy skills to apply principles of criminal law to solve legal problems.

One 2 hour lecture and one 2 hour problem-based learning activity on campus per week. This unit is only available to students in a Bachelor of Laws course. Students must have passed or be enrolled in Foundations of Law and Justice. Frequently Asked Questions.

Criminal Law and Procedure

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LAW Criminal law and procedure 2 - Handbook - Monash University

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