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LEGAL TERMS

LINEUP

A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the c... (more...)
A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the crime scene. The police are supposed to choose similar-looking people to appear with the suspect. If the suspect alone matches the physical description of the perpetrator, evidence of the identification can be attacked at trial. For example, if the robber is described as a Latino male, and the suspect, a Latino male, is placed in a lineup with ten white males, a witness' identification of him as the robber will be challenged by the defense attorney.

DRIVING UNDER THE INFLUENCE (DUI)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the l... (more...)
The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver's body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence. Also called driving while intoxicated (DWI and drunk driving).

SEARCH WARRANT

An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue... (more...)
An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue the warrant unless she has been convinced that there is probable cause for the search -- that reliable evidence shows that it's more likely than not that a crime has occurred and that the items sought by the police are connected with it and will be found at the location named in the warrant. In limited situations the police may search without a warrant, but they cannot use what they find at trial if the defense can show that there was no probable cause for the search.

WARRANT

See search warrant or arrest warrant.

LEGISLATIVE IMMUNITY

A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does n... (more...)
A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does not protect legislators from criminal prosecution, nor does it relieve them from responsibility for actions outside the scope of their office, such as the nefarious activities of former Senator Bob Packwood.

IRRESISTIBLE IMPULSE TEST

A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his ac... (more...)
A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his actions were wrong.

LARCENY

Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the inten... (more...)
Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the intent to permanently deprive the owner of the property. If the taking is non forceful, it is larceny; if it is accompanied by force or fear directed against a person, it is robbery, a much more serious offense.

IMPEACH

(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he h... (more...)
(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he has made statements that are inconsistent with his present testimony, or that he has a reputation for not being a truthful person. (2) The process of charging a public official, such as the President or a federal judge, with a crime or misconduct and removing the official from office.

IMPRISON

To put a person in prison or jail or otherwise confine him as punishment for committing a crime.

SAMPLE LEGAL CASES

People v. Hawkins

... The issue common to these otherwise unrelated criminal appeals is the preservation for this Court's review of defendants' challenge to the legal sufficiency of the evidence. ... A grand jury indicted all three defendants for criminal sale of a controlled substance in the third degree. ...

People v. Kalin

... from the glove compartment. Defendant and the other occupants of the car were arrested for criminal possession of a controlled substance in the seventh degree and unlawful possession of marijuana. At his arraignment the ...

People v. Sparber

... 464 Kaye Scholer LLP, New York City (David Klingsberg and Max Schwartz of counsel), and Legal Aid Society, Criminal Practice Division (Steven Banks, Seymour James and Andrew Fine of counsel), for Legal Aid Society, amicus curiae in the five above-entitled actions. ...