absolvitor
absolvitor (ab-sol-vi-t[schwa]r), n. Scots law. A decision in a civil action in favor of the defender; an acquittal. — absolvitory, adj.
Search Results for: ACQUITTAL
perfect defense
A defense that meets all legal requirements and results in the defendant’s acquittal. See perfect self-defense under SELF-DEFENSE. Cf. imperfect defense.
insanity defense
Criminal law. An affirmative defense alleging that a mental disorder caused the accused to commit the crime. See 18 USCA § 17; Fed. R. Crim. P. 12.2. • Unlike other defenses, a successful insanity defense may not result in in acquittal but instead in a special verdict (“not guilty by reason of insanity”) that usu.
imperfect defense
A defense that fails to meet all legal requirements and usu. results only in a reduction in grade or sentence rather than an acquittal, as when a defendant is charged with manslaughter rather than murder because the defendant, while defending another, used unreasonable force to repel the attack. See imperfect self-defense under SELF-DEFENSE. Cf. perfect
double jeopardy clause
Double Jeopardy Clause. The Fifth Amendment provision stating, “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.” • The clause, which was ratified in 1791, does not prevent postacquittal appeals by the government if those appeals could not result in the defendant’s being subjected
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lesser included offense
A crime that is composed of some, but not all, of the elements of a more serious crime and that is necessarily committed in carrying out the greater crime [battery is a lesser included offense of murder]. • For double-jeopardy purposes, a lesser included offense is considered the “same offense” as the greater offense, so
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shoplifting
shoplifting, n. Theft of merchandise from a store or business; specif., larceny of goods from a store or other commercial establishment by willfully taking and concealing the merchandise with the intention of converting the goods to one’s personal use without paying the purchase price. See LARCENY. [Cases: Larceny 1. C.J.S. Larceny §§ 1(1, 2), 9.]
jail delivery
jail delivery. 1. An escape by several prisoners from a jail. 2. Archaic. A clearing procedure by which all prisoners at a given jail are tried for the offenses that they are accused of having committed. general jail delivery. Collectively, acquittals in high numbers as a result of either lax or reckless administration of the
autrefois
autrefois (oh-tr[schwa]-fwahoroh-t[schwa]r-foyz). [Law French] On another occasion; formerly. autrefois acquit ([schwa]-kwitor a-kee). A plea in bar of arraignment that the defendant has been acquitted of the offense. — Also termed former acquittal. See DOUBLE JEOPARDY. [Cases: Criminal Law 289–297; Double Jeopardy 100. 1. C.J.S. Criminal Law §§ 381–383.] “Suppose that a transgressor is charged and
substantial capacity test
substantial-capacity test. Criminal law. The Model Penal Code’s test for the insanity defense, stating that a person is not criminally responsible for an act if, as a result of a mental disease or defect, the person lacks substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the law.
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