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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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, 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.]
acquietatus ([schwa]-kwI-[schwa]-tay-t[schwa]s), adj. [Law Latin] Hist. Pronounced not guilty by a jury; acquitted.
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
clear, adj. 1. Free from encumbrances or claims. 2. Free from doubt; sure. 3. Unambiguous. clear, vb. 1. To acquit or exonerate (she was cleared of all wrongdoing). 2. (Of a drawee bank) to pay (a check or draft) out of funds held on behalf of the maker (the bank cleared the employee’s check). 3.
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
quittance. 1. A release or discharge from a debt or obligation. 2. The document serving as evidence of such a release. See ACQUITTANCE.
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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inscriptio (in-skrip-shee-oh), n. [Latin] In later Roman law, a written accusation detailed in an official register. • The accuser was liable to punishment if the accused was acquitted. See INSCRIPTION(3). Pl. inscriptiones (in-skrip-shee-oh-neez). — inscribere, vb.