The following definitions include both drugs and drug paraphernalia. A federal law enacted in 1970 and later copied into numerous state laws (unofficially called “Little Rico” laws) that aimed to attack organized crime by providing special criminal penalties and civil obligations for people who participate in or make money from repeated cases of certain types of crimes. Pricing – When companies conspire to set prices and thereby control or disrupt competition in the open market, they have violated antitrust laws. Price fixing is considered a criminal offence. negligent murder: murder resulting from the negligent performance of a legal or unlawful act in which the risk of death is obvious; the murder of a human being by criminal negligence. Waiver and Transfer – A intake officer or prosecutor may request, through an application, a waiver of a juvenile delinquency case to be heard by a criminal court rather than a juvenile court. If the application is approved, the juvenile court relinquishes its jurisdiction and the case is referred to a criminal court. On the other hand, minors charged before a criminal court are reversed. Reasonable doubt – To convict an accused of a crime, a juror or judge must “beyond a doubt” believe that the defendant committed the crime. If a juror or judge finds that the evidence against the defendant is inconclusive, he or she has a responsibility to find the defendant “not guilty.” Parens Patriae – The U.S. juvenile justice system was founded under the idea of “parens patriae” or “state as a parent.” It is assumed that the state is responsible for caring for young people who have started dangerous or criminal lifestyles. As part of this parental role, the State has the responsibility to do everything in its power to rehabilitate the young people in its care. Prosecutor A litigator who represents the government in criminal proceedings and the interests of the state in civil matters.
In criminal cases, the Public Prosecutor`s Office is responsible for deciding who and when to prosecute. Rules of Evidence Standards governing the admissibility of evidence in a civil or criminal case. If you`ve been charged with a crime in San Diego County, contact our criminal defense attorney today. George H. Ramos, Jr. is a former prosecutor who became a criminal defense attorney, which means he knows both sides of the courtroom. He knows the tactics used by prosecutors, which gives him an edge in his defense practice. He has earned a reputation as a strong DUI attorney in San Diego, but he represents clients facing a range of charges including theft, domestic violence, juvenile offenses, injunctions, white-collar crimes, and more. George H.
Ramos Jr. is also bilingual, speaks English and Spanish, and can help various clients in San Diego protect their rights and fight for their freedom. Identity theft primarily involves “real name” or “account takeover” fraud. With “real name,” someone uses a consumer`s personal information to open new accounts on their behalf. With the “Account Takeover”, a person accesses a person`s existing account(s) and charges fraudulent fees. Another form of identity theft occurs when a criminal shares a victim`s personal information with law enforcement agencies when the criminal is arrested. The victim may then have a criminal record or pending arrest warrants attached to his name without realizing it. Concurrent jurisdiction – Some cases of juvenile delinquency may fall within the purview of both the juvenile justice system and the criminal justice system.
In such cases, the prosecutor can choose where the case will be heard. Beyond a reasonable doubt The burden of proof that the Public Prosecutor`s Office must bear in criminal proceedings in order to obtain a guilty verdict. The jury must be satisfied that the accused unequivocally committed all elements of the crime before rendering a guilty verdict. State Court – Within the U.S. judicial system, every state has the right to convict defendants for violating state laws. The majority of civil and criminal cases that are heard in the United States each year are heard in state courts. Murder The murder of a human being by another human being. The term refers to all these murders, criminal and non-criminal. Murder is considered non-criminal in a number of situations, including deaths due to war and the execution of a person by valid punishment from a court. It can be legally justified or excused, as in cases of self-defence or when a person is killed by another person who is trying to prevent a violent crime.
Criminal murder occurs when one person intentionally, knowingly, recklessly or negligently causes the death of another person. Murder and manslaughter are examples of criminal homicide. Manslaughter: homicides in which there is no intent to kill or serious bodily harm, but which are committed through criminal negligence or in the commission of a crime that is not covered by the murder rule. Civil law – Civil law differs from criminal law in this regard: Actus Reus and Mens Rae – Actus reus means “guilty act” and mens rae translates to “guilty spirit”. To prove that an accused is guilty of a crime, a lawyer must prove both that a crime was committed and that it was committed intentionally. Criminal law – Criminal law deals with cases where a criminal offence has been committed. Criminal cases are brought before the courts by the state or federal government, and crimes can be punished with fines and/or imprisonment. Crimes are reported as misdemeanors or crimes. If you or a loved one is being sued, there are a lot of new terms you will come across.
While we may not be able to provide all of the related terms here on this website, we have selected some of the most important legal terms you need to be aware of. Bank fraud: The crime of knowingly executing or attempting to execute a system or trick to defraud a financial institution or obtain property owned or controlled by a financial institution, by false or fraudulent pretexts, representations or promises. Self-incrimination The submission of statements that you may pursue now or in the future. The Fifth Amendment to the U.S. Constitution prohibits the government from forcing you to present evidence (answer questions) that could or could lead to your prosecution for a crime. A crime is a serious crime that is usually punishable by imprisonment or, in some cases, death. Crimes are considered more serious than misdemeanors. Murder, extortion and kidnapping are some examples of crimes.