Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges following a valid acquittal or conviction. As described by the U.S. Supreme Court in its unanimous decision concerning Ball v. United States 163 U.S. 662 (1896), one of its earliest cases dealing with double jeopardy, "the prohibition is not against being twice punished, but against being twice put in jeopardy; and the accused, whether convicted or acquitted, is equally put in jeopardy at the first trial."
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for his or her actions due to an episodic or persistent psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state. It is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be gravely disabled or to be a danger to themselves or to others.
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is a killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering and allows the leaders of a syndicate to be tried for the crimes they ordered others to do or assisted them in doing, closing a perceived loophole that allowed a person who instructed someone else to, for example, murder, to be exempt from the trial because they did not actually commit the crime personally.
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is simply abandoned by the prosecution. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction.
Vincent T. Bugliosi Jr. was an American attorney and New York Times bestselling author. During his eight years in the Los Angeles County District Attorney's Office, he successfully prosecuted 105 out of 106 felony jury trials, which included 21 murder convictions, and gained guilty verdicts in each case. He was best known for prosecuting Charles Manson and other defendants accused of the Tate–LaBianca murders of August 9–10, 1969. Although Manson did not physically participate in the murders, Bugliosi used circumstantial evidence to show that he had orchestrated the killings.
A victim impact statement is a written or oral statement made as part of the judicial legal process, which allows crime victims the opportunity to speak during the sentencing of the convicted person or at subsequent parole hearings.
The slayer rule, in the common law of inheritance, stops a person inheriting property from a person he or she murders. In figuring inheritance of the decedent's estate, the slayer is treated as though he or she had died before the person he or she murdered, hence his or her share of the estate would pass to his or her issue.
A rape shield law is a law that limits the ability to introduce evidence or cross-examine rape complainants about their past sexual behavior. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim.
American prison literature is literature written by Americans who are incarcerated. It is a distinct literary phenomenon which is increasingly studied as such by academics.
Frendak v. United States, 408 A.2d 364 is a landmark case in which District of Columbia Court of Appeals decided that a judge could not impose an insanity defense over the defendant's objections.
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..." The four essential protections included are prohibitions against, for the same offense:
Payne v. Tennessee, 501 U.S. 808 (1991), was a United States Supreme Court case which held that testimony in the form of a victim impact statement is admissible during the sentencing phase of a trial and, in death penalty cases, does not violate the Cruel and Unusual Punishment Clause of the Eighth Amendment. Payne narrowed two of the Courts' precedents: Booth v. Maryland (1987) and South Carolina v. Gathers (1989).
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender.
Paul George Cassell is a former United States District Judge of the United States District Court for the District of Utah, who is currently the Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law at the S.J. Quinney College of Law at the University of Utah. He is best known as an expert in, and proponent of, victims' rights.
Child sexual abuse laws in the United States have been enacted as part of the nation's child protection policies. The U.S. Supreme Court held in Esquivel-Quintana v. Sessions, 581 U.S. ___ (2017), that the victim in a "sexual abuse of a minor" conviction must be less than 16 years old.
Karen Price was a 15-year-old Welsh murder victim who disappeared in 1981. After the discovery of her body in 1989, British facial reconstruction artist Richard Neave used her skull to create a model of her physical appearance. The reconstruction and the matching of DNA in the body to that of Price's parents allowed her body to be identified. The case was cited as one of the first instances in which DNA technology was used in this way.
The Taney Court heard thirty criminal law cases, approximately one per year. Notable cases include Prigg v. Pennsylvania (1842), United States v. Rogers (1846), Ableman v. Booth (1858), Ex parte Vallandigham (1861), and United States v. Jackalow (1862).
