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Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
Making false statements (18 U.S.C. § 1001) is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, [1] even by merely ...
Often the real killers were under the nose of the police from the outset of the crime, and in two cases they were the star witnesses for the prosecution. DNA played an important role in several ...
Under common law, a person may use deadly force to defend against a deadly attack unless non-deadly force would suffice. Some jurisdictions establish a duty to retreat before using deadly force. In such jurisdictions, a non-aggressor has the duty to retreat from a threatening situation if this can be done with complete safety.
R v Savage; R v Parmenter [1991] [1] were conjoined final domestic appeals in English criminal law confirming that the mens rea (level and type of guilty intent) of malicious wounding or the heavily twinned statutory offence of inflicting grievous bodily harm will in all but very exceptional cases include that for the lesser offence of assault occasioning actual bodily harm.
For example, a person cannot be tried for larceny unless it can be proven that property has been stolen. Likewise in order for a person to be tried for arson, it must be proven that a criminal act resulted in the burning of a property. Black's Law Dictionary (6th ed.) defines "corpus delicti " as: "the fact of a crime having been actually ...
The city of San Francisco is trying to change the public’s perception of criminals by introducing new language to refer to someone who committed a crime.
In R v G (2005), a 15-year-old boy was convicted of statutory rape of a child under 13, a crime under Section 5 of the Sexual Offences Act 2003. The prosecution accepted the boy's claim that he had believed the 12-year-old girl to be 15, but he was nevertheless sentenced to 12 months' detention.