Overt Act
Encyclopedia
In criminal law
, an overt act (from the French adjective ouvert, open), an open act, one that can be clearly proved by evidence
, and from which criminal intent
can be inferred, as opposed to a mere intention in the mind to commit a crime
. Therefore, it is an act that, while innocent per se, can potentially be used as evidence against someone during a trial
to show his/her participation in a crime. For instance, a rental of a van and a purchase of a gun are overt acts as part of an assassination
.
The term is more particularly employed in cases of treason
, which must be demonstrated by some overt or open act.
This rule derives from the Treason Act 1695
, passed by the Parliament of England
, and was adopted by the United States
in Article III, Section 3 of the United States Constitution
, which provides that "No Person shall be convicted of Treason unless on the Testimony
of two Witness
es to the same overt Act, or on Confession in open Court
." In Cramer v. United States
, the Supreme Court
ruled that "every act, movement, deed, and word of the defendant charged to constitute treason must be supported by the testimony of two witnesses." In Haupt v. United States, however, the Supreme Court found that two witnesses are not required to prove intent; nor are two witnesses required to prove that an overt act is treasonable. The two witnesses, according to the decision, are required to prove only that the overt act occurred.
In criminal conspiracy
cases, an overt act must frequently be proven in order to convict the defendant
s of the crime.
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, an overt act (from the French adjective ouvert, open), an open act, one that can be clearly proved by evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
, and from which criminal intent
Criminal intent
Criminal intent is the plan of a person to commit a crime. Criminal intent can be one of the requirements for convicting someone for a crime. Advocates for proving criminal intent believe that a person is only a criminal if they intended to do the crime....
can be inferred, as opposed to a mere intention in the mind to commit a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
. Therefore, it is an act that, while innocent per se, can potentially be used as evidence against someone during a trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
to show his/her participation in a crime. For instance, a rental of a van and a purchase of a gun are overt acts as part of an assassination
Assassination
To carry out an assassination is "to murder by a sudden and/or secret attack, often for political reasons." Alternatively, assassination may be defined as "the act of deliberately killing someone, especially a public figure, usually for hire or for political reasons."An assassination may be...
.
The term is more particularly employed in cases of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
, which must be demonstrated by some overt or open act.
This rule derives from the Treason Act 1695
Treason Act 1695
The Treason Act 1695 is an Act of the Parliament of England which laid down rules of evidence and procedure in high treason trials. It was passed by the English Parliament but was extended to cover Scotland in 1708 and Ireland in 1821...
, passed by the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
, and was adopted by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in Article III, Section 3 of the United States Constitution
Article Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
, which provides that "No Person shall be convicted of Treason unless on the Testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
of two Witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es to the same overt Act, or on Confession in open Court
In open court
In open court is a legal term in the United States defined by the appearance by a party or their attorney in a public court session such as during a trial...
." In Cramer v. United States
Cramer v. United States
Cramer v. United States, 325 U.S. 1 , was a case in which the Supreme Court of the United States reviewed the conviction of Anthony Cramer, a German-born naturalized citizen, for treason...
, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that "every act, movement, deed, and word of the defendant charged to constitute treason must be supported by the testimony of two witnesses." In Haupt v. United States, however, the Supreme Court found that two witnesses are not required to prove intent; nor are two witnesses required to prove that an overt act is treasonable. The two witnesses, according to the decision, are required to prove only that the overt act occurred.
In criminal conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
cases, an overt act must frequently be proven in order to convict the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s of the crime.
See Also
- ScientologyScientologyScientology is a body of beliefs and related practices created by science fiction and fantasy author L. Ron Hubbard , starting in 1952, as a successor to his earlier self-help system, Dianetics...
(the word 'overt' is used to describe a negative action. See for example Rehabilitation Project ForceRehabilitation Project ForceThe Rehabilitation Project Force, or RPF, is a controversial program set up by the Church of Scientology Sea Organization, intended to rehabilitate members of the Sea Organization who have not lived up to the Church expectations or have violated certain policies...
)