criminal law and procedure

reasonable belief

When there exists a reasonable basis to believe that a crime is being or has already been committed.

reasonable suspicion

Reasonable suspicion is a legal standard used in criminal procedure that allows law enforcement officers to assess the justification for their decision to conduct a search.

When an officer stops an individual for a search,...

rebuttable presumption

A rebuttable presumption is an inference that arises from a rule of law or as a legal conclusion that is derived from a set of proven facts. See: Schuemann v. Menard, Inc.

A rebuttable presumption is not evidence itself, but...

recidivism

Recidivism is the tendency for an offender to engage in repeated criminal behavior. This usually refers to the condition of being convicted for a crime, serving the sentence, and then committing another crime that results in a new conviction...

recidivist

A recidivist is an offender who repeatedly or habitually engages in criminal behavior. This usually refers to an individual being convicted of a crime, serving the sentence, and then committing another crime that results in a new conviction...

refresh one's recollection

See: present recollection refreshed

[Last updated in May of 2022 by the Wex Definitions Team]

release

To cease to be bound by an obligation or to concede a right. A release usually takes the form of a voluntary private contract between parties to cease the obligation or concede the right. California Civil Code § 1541 upholds...

release on one's own recognizance

A “release on one’s one recognizance” is a court's decision to allow a person charged with a crime to remain at liberty pending the trial, without having to post bail. Also sometimes referred to as “O.R.,” “R.O.R.,” or judicial public bail...

res gestae

Res gestae is a Latin term meaning “things done” or “things transacted.” It refers to the events or circumstances at issue, as well as other events that are contemporaneous with or related to them. Courts previously employed this term in...

retributivism

Retributivism is a theory of criminal punishment which states that wrongdoers should be punished to cause suffering for the wrongdoer proportionate to the severity of their crime rather than to deter future crime or to rehabilitate them. In...

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