criminal law and procedure

RICO

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law (codified at 18 U.S.C. §§ 1961-68) targeting organized criminal activity and racketeering. RICO enhances existing criminal punishments and creates new causes of...

right to confront witness

The right to confront a witness is one of the fundamental Constitutional rights that protects the citizens of the United States. The Sixth Amendment of the United States Constitution states that any criminal defendant suspected of committing...

right to jury trial

Overview:

The right to a jury trial refers to the right provided by the Sixth and Seventh Amendments. The Sixth Amendment states that in all criminal prosecutions, the accused criminal has the right to a trial by an impartial jury of the...

riot

A riot is a public disturbance where three or more people behave in a violent and uncontrolled manner. A riot usually has the following characteristics:

made in furtherance of an express common purpose; through the use or threat of...

robbery

Robbery, a crime that originated at common law, is an act of unlawfully taking the property of another by violent force or the threat of such force, with the intent to deprive them of it permanently.

Because robbery...

rout

A rout is a crime that is the stage before a riot, but after an unlawful assembly. According to Follis et al. v. the State, unlawful assemblies, routs and riots are all "allied disturbances of the public peace." A rout is described as three...

rule of lenity

The rule of lenity is a principle used in criminal law, also called rule of strict construction, stating that when a law is unclear or ambiguous, the court should apply it in the way that is most favorable to the defendant, or to construe the...

scintilla

Scintilla is Latin for "spark." The word scintilla is only used in the metaphorical meaning of "spark" in English: meaning a hint or trace of something that barely suggests its presence.

In common law, the “scintilla of...

search warrant

A search warrant is a warrant signed by a judge or magistrate authorizing a law enforcement officer to conduct a search on a certain person, a specified place, or an automobile for criminal evidence.

A search warrant...

securities fraud

Securities fraud is the misrepresentation or omission of information to induce investors into trading securities.

Overview

While always actionable under common law fraud, Congress, the Securities and Exchange Commission (...

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