The Law Dictionary for Everyone
The taking of something of value, whether money or property, from someone through the use or threat of physical force is considered to be robbery. Robbery differs from the crime of burglary in that the victim must have suffered physical harm, or the fear of being harmed. While most people think robbery is a crime committed by bank robbers and […]
Read moreIn law, restitution is often ordered by a court in order to achieve fairness, preventing the unjust enrichment of one party to a civil lawsuit. In addition, restitution is often ordered in criminal sentencing, requiring the defendant to make monetary amends, or perform some act that benefits the victim of the crime, or the public in general. Restitution in a […]
Read moreSentencing guidelines provide a system for handing down uniform or consistent sentences for similar crimes in various jurisdictions. Created by the United States Sentencing Commission to be incorporated in each state’s criminal code, sentencing guidelines help eliminate confusion among judges in determining the proper punishment for a person convicted of a crime. Sentencing guidelines take into consideration the nature of […]
Read moreMoney Laundering meaning in law Money laundering is a term used to describe a scheme in which criminals try to disguise the identity, original ownership, and destination of money that they have obtained through criminal conduct. The laundering is done with the intention of making it seem that the proceeds have come from a legitimate source. A simpler definition of […]
Read moreMens Rea meaning in law The concept of mens rea, which is Latin for “guilty mind,” allows the criminal justice system to distinguish someone who set out with the intention of committing a crime from someone who did not mean to commit a crime. Mens rea refers to what the accused individual was thinking, and what his intent was at […]
Read moreThe Fifth Amendment to the U.S. Constitution grants every American the right to refuse to give testimony that would incriminate himself, or cause himself to appear guilty of a crime. The Fifth Amendment does not actually use the term “self incrimination,” but states “No person … shall be compelled in any criminal case to be a witness against himself.” This […]
Read moreA formal, written statement asking the court to grant relief, or to decide a dispute, is referred to as a “pleading.” The written complaint filed by a plaintiff to initiate a civil lawsuit, or filed by a prosecutor to initiate criminal proceedings, as well as the written answer filed by a civil defendant are generally the first pleadings in any […]
Read moreCriminal prosecutions in the United States are frequently settled without a jury trial through the process of plea bargaining. A plea bargain is an agreement between the prosecutor and defendant in which the defendant agrees to plead guilty to some of the charges, or a lesser charge, in exchange for a reduced sentence, or some other concession by the prosecution. […]
Read moreA criminal act that is less serious than a felony is considered to be a “misdemeanor.” While specific laws vary by jurisdiction, misdemeanors generally include such acts as disturbing the peace, petty theft, drunk driving with no injury to others, public drunkenness, simple assault and battery, and traffic violations. These are tried in the local municipal or justice courts, and […]
Read moreThe Due Process Clause is included in both the Fifth and Fourteenth Amendments to the United States Constitution. The clause prohibits the government from depriving a person of their right to liberty or property without due process. This clause has helped the federal and state governments adopt fairness standards to ensure people’s rights are not violated. When the justice system […]
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