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Difference between revisions of "Accusation"

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(Created page with 'Category:Legal Term <div type="article"><p><i>A formal criminal charge against a person alleged to have committed an offense punishable by law, which is presented before a co...')
 
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<div type="article"><p><i>A formal criminal charge against a person alleged to have committed an offense punishable by law, which is presented before a court or a magistrate having jurisdiction to inquire into the alleged crime.</i></p>
 
<div type="article"><p><i>A formal criminal charge against a person alleged to have committed an offense punishable by law, which is presented before a court or a magistrate having jurisdiction to inquire into the alleged crime.</i></p>
 
<p>The <span>[[Sixth Amendment|Sixth Amendment]]</span> to the Constitution provides in part that a person accused of a crime has the right "to be informed of the nature and cause of the accusation." Thus in any federal criminal prosecution, the statute setting forth the crime in the accusation must define the offense in sufficiently clear terms so that an average person will be informed of the acts that come within its scope. The charge must also inform the accused in clear and unambiguous language of the offense with which he or she is being charged under the statute. An accused has the same rights when charged with violating state <span>[[Criminal Law|criminal law]]</span> because the <span>[[Due Process Clause|Due Process Clause]]</span> of the <span>[[Fourteenth Amendment|Fourteenth Amendment]]</span> applies the guarantees of the Sixth Amendment to the states. The paper in which the accusation is set forth&#x2014;such as an indictment, information, or a complaint&#x2014;is called an <i>accusatory instrument.</i></p>
 
<p>The <span>[[Sixth Amendment|Sixth Amendment]]</span> to the Constitution provides in part that a person accused of a crime has the right "to be informed of the nature and cause of the accusation." Thus in any federal criminal prosecution, the statute setting forth the crime in the accusation must define the offense in sufficiently clear terms so that an average person will be informed of the acts that come within its scope. The charge must also inform the accused in clear and unambiguous language of the offense with which he or she is being charged under the statute. An accused has the same rights when charged with violating state <span>[[Criminal Law|criminal law]]</span> because the <span>[[Due Process Clause|Due Process Clause]]</span> of the <span>[[Fourteenth Amendment|Fourteenth Amendment]]</span> applies the guarantees of the Sixth Amendment to the states. The paper in which the accusation is set forth&#x2014;such as an indictment, information, or a complaint&#x2014;is called an <i>accusatory instrument.</i></p>
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<ul><li>[[Criminal Law]]</li></ul>
 
<ul><li>[[Criminal Law]]</li></ul>
 
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<h3>Attorneys for the Related Category</h3>
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<h4>Drunk Driving Law</h4>
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{|
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|<p><b>Law Offices of Steven R. Young</b><br/>Orange County, CA<br/>[http://orangecounty-duiattorney.com/dui-penalties/ DUI Penalties In Orange County, CA]</p>
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|<p><b>Pittsburgh DUI Law Firms</b><br/>Pittsburgh, PA<br/>[http://pittsburgh-duilawyer.com/ DUI Attorney In Pittsburgh]</p>
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|<p><b>Boston DUI Law Firm</b><br/>Boston, MA<br/>[http://bostonduilaw.net/ DUI Lawyer In Boston]</p>
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|-
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|<p><b>The Shapiro Law Firm</b><br/>Dallas, TX<br/>[http://dallas-dwiattorney.com/ DWI Lawyer In Dallas]</p>
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|<p><b>Denver DUI Law Firm</b><br/>Denver, CO<br/>[http://duiattorneydenver-co.com/dui-defense/ DUI Defense Lawyer In Denver]</p>
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|<p><b>Suzuki Law Offices, L.L.C.</b><br/>Phoenix, AZ<br/>[http://duilawyerinphoenix.net/dui-laws/ DUI Laws In Phoenix, AZ]</p>
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|-
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|<p><b>Seattle DUI Law Firm</b><br/>Seattle, WA<br/>[http://seattleduilaw.net/dui-penalties/ DUI Penalties In Seattle, WA]</p>
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|<p><b>Philadelphia DUI Law Firm</b><br/>Philadelphia, PA<br/>[http://philadelphia-duilawyer.net/dui-penalties/ DUI Penalties In Philadelphia, PA]</p>
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|<p><b>San Francisco DUI Law Firm</b><br/>San Francisco, CA<br/>[http://duilawsanfrancisco.net/dui-laws/ DUI Laws In San Francisco, CA]</p>
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|}
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[[Category:Legal Term]]

Revision as of 23:31, 21 October 2013

A formal criminal charge against a person alleged to have committed an offense punishable by law, which is presented before a court or a magistrate having jurisdiction to inquire into the alleged crime.

The Sixth Amendment to the Constitution provides in part that a person accused of a crime has the right "to be informed of the nature and cause of the accusation." Thus in any federal criminal prosecution, the statute setting forth the crime in the accusation must define the offense in sufficiently clear terms so that an average person will be informed of the acts that come within its scope. The charge must also inform the accused in clear and unambiguous language of the offense with which he or she is being charged under the statute. An accused has the same rights when charged with violating state criminal law because the Due Process Clause of the Fourteenth Amendment applies the guarantees of the Sixth Amendment to the states. The paper in which the accusation is set forth—such as an indictment, information, or a complaint—is called an accusatory instrument.

Most state constitutions contain language similar to that in the Sixth Amendment. In many state rules of Criminal Procedure, the accusatory instrument serves to protect the state constitutional rights of the accused. In Louisiana, for example, the purpose of a bill of information is to inform a defendant of the nature and cause of the accusation against him or her as required by the Louisiana State Constitution (State v. Stevenson, 2003 WL 183998 [La. App. 2003]).

In order to quash a bill of information or other accusatory instrument, the accused must present direct evidence not established by the record, showing the bill was insufficient. The accused generally has the burden of proof to demonstrate that the accusatory instrument was insufficient. The RULES OF EVIDENCE in a particular jurisdiction apply to the evidentiary determination of the sufficiency of the accusatory instrument.

See Also

Attorneys for the Related Category

Drunk Driving Law

Law Offices of Steven R. Young
Orange County, CA
DUI Penalties In Orange County, CA

Pittsburgh DUI Law Firms
Pittsburgh, PA
DUI Attorney In Pittsburgh

Boston DUI Law Firm
Boston, MA
DUI Lawyer In Boston

The Shapiro Law Firm
Dallas, TX
DWI Lawyer In Dallas

Denver DUI Law Firm
Denver, CO
DUI Defense Lawyer In Denver

Suzuki Law Offices, L.L.C.
Phoenix, AZ
DUI Laws In Phoenix, AZ

Seattle DUI Law Firm
Seattle, WA
DUI Penalties In Seattle, WA

Philadelphia DUI Law Firm
Philadelphia, PA
DUI Penalties In Philadelphia, PA

San Francisco DUI Law Firm
San Francisco, CA
DUI Laws In San Francisco, CA

Contributors

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