criminal procedure

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...

alibi

Alibi as a noun is defined as a defense to a criminal charge alleging that the accused was somewhere other than at the scene of the crime at the time it occurred.

For example, A could not confirm B’s alibi that B was at the dentist office at...

alibi witness

An alibi witness is a witness that a criminal defendant calls upon to establish that they were somewhere other than at the scene of the crime at the time it occurred. It essentially allows the defendant to present evidence suggesting that...

Alien Tort Statute

The Alien Tort Statute ("ATS"; also known as the Alien Tort Claims Act) is a common name for 28 U.S.C. § 1350. The ATS grants federal district courts original jurisdiction over any civil action where an alien sues for a tort “committed in...

allegation

An allegation is defined as a claim of fact not yet proven to be true. In a lawsuit, a party puts forth their allegations in a complaint, indictment or affirmative defense, and then uses evidence at trial to attempt to prove their truth....

allege

To allege means to claim or assert something as true; to make an allegation.

[Last updated in June of 2021 by the Wex Definitions Team]

Allen charge

Allen charges (also referred to as dynamite, nitroglycerin, shotgun, or third-degree charges) refer to jury instructions given to a hung jury urging them to agree on a verdict. Allen charges are controversial as some claim they overly...

allocution

Allocution is the direct address between the judge and the convicted defendant prior to sentencing. During the address, the judge speaks directly to the defendant and asks if the defendant has anything to add prior to hearing the sentence....

alternative pleading

Alternative pleading is a form of pleading that allows a party to allege two or more claims which are inconsistent with each other. Alternative pleading is fundamental to the United States court system.

During a lawsuit...

alternative writ of mandate (mandamus)

Also called an alternative mandamus.

An alternative writ of mandate is a court order that 1) states the allegations of a complaint against a governmental agency, corporation, court, official, or other public authority and 2...

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