criminal law and procedure

affray

Affray is a term used to define a common law offense, which involves fighting between people in a public place that disturbs the peace.

In Massachusetts, an affray “is an offense against the public, an aggravated...

after-discovered evidence

After-discovered evidence, or newly discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial. After-discovered evidence is an issue predominantly in criminal...

aggravate

Aggravate means to increase the gravity or seriousness of a crime.

Cases such as this one from Texas, explain that to aggravate means “to make worse.”

See also: Magwood v. Patterson, 130 S.Ct. 2788 (2010...

aggravated

An aggravated crime or tort is one that is committed under circumstances that allow for increased punishments over what the crime/tort would usually receive. Circumstances necessary to raise a standard crime to the aggravated variant of that...

aggravated assault

Aggravated assault is an assault that causes serious bodily injury. For example, New York has found evidence supporting a charge of attempted aggravated assault where the defendant discharged a firearm in an attempted robbery. Unlike simple...

aggravated battery

Aggravated battery is one of the most serious forms of battery. It usually involves a physical act or contact with another person without that person's consent and with an intention to cause harm. Usually, this involves some form of serious...

aggravating circumstances

Aggravating circumstances refers to the factors that increase the severity or culpability of a criminal act. Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal.

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aggravating factor

An aggravating factor refers to circumstances surrounding a crime or tort that are sufficient to raise its severity and punishment to the aggravated version of the offense. Aggravating factors are typically laid out by statute and vary...

aid and abet

Aid and Abet means to assist someone in committing or to encourage someone to commit a crime. Generally, an aider and abettor is criminally liable to the same extent as the person committing the crime.

This case from...

algorithm

An algorithm is a set of rules or a computational procedure that is typically used to solve a specific problem. In the case of Vidillion, Inc. v. Pixalate Inc. an algorithm is defined as “one or more process(es), set of rules, or methodology...

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