Also known as: accuses · accused · accusing · accusation · accusations · accuser · accusers · accusator · accusatrix
Written by attorneys · grounded in primary & secondary sources — see below
To charge a person with committing a criminal offense or other misconduct. The charge triggers constitutional protections for the accused and may support civil claims when made improperly.
Alexandra Armstrong was arrested and charged with theft. Her attorney moved to dismiss because more than eighteen months had passed without a trial date. The court granted the motion after finding the delay violated her right to proceed promptly once formally charged.
During closing, the prosecutor told the jury he personally believed Anita Ali was guilty of fraud. Defense counsel objected. The judge sustained the objection and instructed the jury to disregard the statement because counsel may not express a personal view on the guilt of the person charged.
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Adam Anderson stood trial for assault. The prosecutor possessed a lab report showing the victim's injuries were inconsistent with the charged conduct but never turned it over. After conviction the court vacated the judgment because the withheld evidence was material to guilt.
Audrey Ashton faced sexual-assault charges. The defense sought to introduce evidence of her prior consensual encounters with the defendant. The court admitted the evidence after finding it offered to prove consent under the applicable exception for the person charged.
Antonio Alvarado demanded payment from a former employee. He threatened to report the employee to police for embezzlement unless the money was delivered. The threat to accuse the employee of a criminal offense formed the basis for the theft charge against Alvarado.
Angela Acosta was acquitted of arson after a full trial. She then sued the complainant for malicious prosecution. The court allowed the claim to proceed because the criminal proceedings had terminated in favor of the person charged.
The Sixth Amendment guarantees the accused a speedy public trial by an impartial jury, notice of the charges, confrontation of witnesses, compulsory process, and assistance of counsel.
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No. Model Rule 3.4(e) prohibits a lawyer from stating a personal opinion as to the guilt or innocence of the accused during trial.
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Due process requires disclosure of evidence that is favorable to the accused and material to guilt or punishment. Suppression of such evidence, whether intentional or inadvertent, requires reversal.
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Federal Rule of Evidence 412(b)(1)(B) permits evidence of specific instances of a victim's sexual behavior with the person accused when offered to prove consent.
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Under Model Penal Code § 223.4(2), a person commits theft by obtaining property through a threat to accuse anyone of a criminal offense.
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The plaintiff must prove the criminal proceedings terminated in favor of the accused, among other elements.
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…"only fair and just" to require appellants, in return for these benefits, to respond in the State of Delaware when they are accused of misusing their power. Brief for Appellee 15. But like Heitner's first argument, this line of reasoning establishes only that it is appropriate for Delaware law to govern the obligations…