criminal prosecution


criminal prosecution
The use of the processes of the law to accuse or charge a person with the commission of a crime, to bring him before a court, to convict him of the offense, and to impose upon him such punishment as is provided by law for the offense. Although sometimes instituted by an individual, a criminal prosecution is not in any sense an action between the person instituting it and the prisoner. Anno: 46 ALR 463. A preliminary investigation is not a criminal prosecution within the Sixth Amendment to the Federal Constitution. Anno: 93 L Ed 992.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • criminal prosecution — noun the institution and conduct of legal proceedings against a defendant for criminal behavior • Syn: ↑prosecution • Ant: ↑defense (for: ↑prosecution) • Derivationally related forms: ↑prosecute …   Useful english dictionary

  • criminal prosecution — An action or proceeding instituted in a proper court on behalf of the public, for the purpose of securing the conviction and punishment of one accused of crime. A proceeding instituted by the state to obtain punishment against the person charged… …   Black's law dictionary

  • criminal prosecution — An action or proceeding instituted in a proper court on behalf of the public, for the purpose of securing the conviction and punishment of one accused of crime. A proceeding instituted by the state to obtain punishment against the person charged… …   Black's law dictionary

  • pendency of criminal prosecution — The status of a criminal prosecution from the time it is commenced by (1) the filing of a formal complaint of affidavit, (2) the return of an indictment or the filing of an information, (3) the issuance of a warrant to an officer for service, or… …   Ballentine's law dictionary

  • affidavit in criminal prosecution — An affidavit charging the commission of a criminal offense upon which a warrant is issued for the arrest of the accused; the equivalent of a complaint or preliminary information. 21 Am J2d Crim L § 441 …   Ballentine's law dictionary

  • severance of criminal prosecution — Separate trials of the defendants in a criminal case because of antagonistic defenses, admission or confession by one, etc. 53 Am J1st Trial §§ 56 et seq …   Ballentine's law dictionary

  • merger of action in criminal prosecution — The ancient doctrine of the common law that all civil remedies in favor of one injured by a felony are merged in the felony. 1 Am J2d Actions § 45 …   Ballentine's law dictionary

  • quashing criminal prosecution — A remedy had upon motion directed against a defective indictment, information, or other accusatory pleading. 21 Am J2d Crim L § 172. A remedy for defect in the grand jury, including the disqualification of particular jurors or defective procedure …   Ballentine's law dictionary

  • termination of criminal prosecution — See termination in plaintiffs favor …   Ballentine's law dictionary

  • prosecution — pros·e·cu·tion /ˌprä si kyü shən/ n 1: the act or process of prosecuting; esp: the institution and carrying on of a criminal action involving the process of seeking formal charges against a person and pursuing those charges to final judgment 2:… …   Law dictionary


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