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High Crime - Law Dictionary Search Results

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high crime

high crime : a crime of infamous nature contrary to public morality but not technically constituting a felony ;specif : an offense that the U.S. Senate deems to constitute an adequate ground for removal of the president, vice president, or any civil officer as a person unfit to hold public office and deserving of impeachment ...


Impeachment

Impeachment, a prosecution by the House of Commons before the House of Lords of any person, either peer or commoner, for treason, or other high crimes and misdemeanours, or of a peer for any crime; in modern times rarely been resorted to, though informer periods of our history of frequent occurrence. The last memorable cases are those of Warren Hastings, in 1788, and Lord Melville, in 1805.As to the procedure, see May's Parliamentary Practice.Means bringing a public official before a proper tribunal on a charge of wrong doing, Webster American Dictionary, p. 959.Is the prosecution of President by Parliament for violation of the Constitution. (Constitution of India, Art. 61)In U.K. by the Law of Parliament, all persons, whether peers or commoners can be impeached for any crimes; but it is generally resorted to in respect of extraordinary crimes and extraordinary offen-ces, Parliamentary Practice, Erskine, May, 22nd Edn., 1997, p. 63.Means the accusation of treason or other crimes is bro...


High treason

High treason. Since petit treason was abolished by 9 Geo. 4, c. 31, s. 2, the correlative term high is not now usually retained when speaking of this highest civil crime. It is merely denominated treason. See TREASON....


impeach

impeach [Anglo-French empecher, from Old French empeechier to hinder, from Late Latin impedicare to fetter, from Latin in- + pedica fetter, from ped- pes foot] 1 : to charge with a crime or misconduct ;specif : to charge (a public official) before a competent tribunal (as the U.S. Senate) with misconduct in office see also Article I and Article II of the Constitution in the back matter NOTE: Impeachment is the first step in removing an officer from office. The president, vice president, and other federal officers (as judges) may be impeached by the House of Representatives. (Members of Congress themselves are not removed by being impeached and tried, but rather are expelled by a two-thirds majority vote in the member's house.) The House draws up articles of impeachment that itemize the charges and their factual bases. The articles of impeachment, once approved by a simple majority of the House members, are then submitted to the Senate, thereby impeaching the officer. The Senate th...


Justiciary, High Court of

Justiciary, High Court of, the supreme Criminal Court of Scotland, consists of the Lord Justice General, the Lord Justice Clerk, and the other Judges of the Court of Session who are exofficio Lords Commissioners of Justiciary. It has jurisdic-tion in all cases of crime committed in Scotland or in a British ship at sea. It sits in Edinburgh, and, on circuit, at various other places. It has certain appellate jurisdiction, the principal of which is that provided for by the Criminal Appeal (Scotland) Act, 1926 (16 & 17 Geo. 5, c. 15) (see CRIMINAL APPEAL). When exercising this jurisdiction, three Lords Commissioners are a quorum....


Organised crime

Organised crime, in Europe, the terms 'organised crime' and 'professional crime' are largely inter-changeable. As compared to American standards, the European criminal orgainsations are small-scale and short-lived. Such crimes are defined as involving system of specifically defined relation-ship with mutual obligation and privileges and association of a small group of criminals for the execution of the intended crime. The eruption of organised crime in India is of recent origin and is at the initial stage. It is the need of the hour to control such criminal activities which tempt the persons involved to amass huge profit. Such crimes have not only a legal facet but have a social and economic aspect which is required to be felt and dealt with by all concerned including the judiciary, the executive, the politicians, the social reformers, the intelligentsia and the law enforcing agency, State of Maharashtra v. Bharat Chaganlal Raghani, (2001) 9 SCC 1.Means any continuing unlawful activity...


Crime

Crime, is a word, of which the interpretation has varied with the philosophic bias of the writer; it has been described as the violation of a right, when considered in reference to the evil tendency of such violation, as regards the community at large, but this definition is too wide; and would include any evil act or movement whether or not it is punishable by law. The (English) Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112), s. 5, defines crime for the limited purposes of the Act as either felonies or specified offences or misdemeanours, while 'offence' means any act which is not a 'crime' and is punishable on indictment or summary conviction. In our law misdemeanour is generally used in cotradistinction to felony, and comprehends all indictable offences which do not amount to felony, as perjury, battery, libels, conspiracies, etc. see OFFENCE, and consult Russell on Crimes, and Mellor v. Denham, (1880) 5 QBD 467, and other cases decided upon the meaning of 'criminal cause or ...


signature crime

signature crime : any of two or more crimes that involve the use of a method, plan, or modus operandi so distinctive that it logically follows that the crimes must have been committed by the same person NOTE: Evidence of other criminal acts is usually not admissible against a defendant. Evidence of other crimes to prove that the crime in question is a signature crime committed by the defendant, however, is usually allowed. ...


substantive crime

substantive crime : a crime that does not have as an element the performance of some other crime : a crime that is not dependent on another [indicted and convicted of conspiracy to attempt to enter the bank and the substantive crime of attempting to enter the bank "United States v. Clay, 495 F.2d 700 (1974)"] called also substantive offense compare accessory, conspiracy ...


war crime

war crime : an act committed usually during an international war for which individual criminal liability will be imposed by a domestic or international tribunal ;specif : a violation of the laws or customs of war as embodied or recognized by international treaty, court decisions, or established practice usually used in pl. NOTE: Following World War II, the Charter of the International Military Tribunal at Nuremberg first codified war crimes including crimes against humanity. Also encompassed in the legal concept of war crimes is the crime of planning or waging a war of aggression or a war in violation of international treaties. ...


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