Overt act

Overt act

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 Witnesses 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 defendants of the crime.

See Also

 This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed (1911). Encyclopædia Britannica (11th ed.). Cambridge University Press. 


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  • overt act — /ō vərt , ō ˌvərt / n 1: an act directed toward another person that indicates an intent to kill or harm and that justifies self defense 2: an outward act that is done in furtherance of a conspiracy, of treason, or of the crime of attempt and that …   Law dictionary

  • Overt Act — In criminal law, an Overt act (from French ouvert ,open,adj.), 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 …   Wikipedia

  • overt act — noun : an outward act done in pursuance and manifestation of an intent or design that is not punishable in itself without such act: a. : an act done in actual preparation for the illegal object and thereby sufficing for conviction b. under the… …   Useful english dictionary

  • overt act — An act carrying an intent into effect. An open act; a physical act, as distinguished from an act of the mind; an act done pursuant to a formed intent, design, plan, or conspiracy. An act demonstrating a purpose and committed without attempt at… …   Ballentine's law dictionary

  • overt act — Synonyms and related words: accomplished fact, accomplishment, achievement, act, acta, action, adventure, blow, coup, dealings, deed, doing, doings, effort, endeavor, enterprise, exploit, fait accompli, feat, gest, go, hand, handiwork, job,… …   Moby Thesaurus

  • overt — o vert ([=o]*v[ e]rt or [=o] v[ e]rt), a. [OF. overt, F. ouvert, p. p. of OF. ovrir, F. ouvrir, to open, of uncertain origin; cf. It. aprire, OIt. also oprire, L. aperire to open, operire to cover, deoperire to uncover. Perh. from L. aperire… …   The Collaborative International Dictionary of English

  • act — 1 n 1 a: something done by a person in accordance with his or her free will a tortious act see also actus reus b: the failure to do something that one has a legal duty to do – called also negative act; 2 a …   Law dictionary

  • overt — Open; manifest; public; issuing in action, as distinguished from that which rests merely in intention or design. Market overt. See market @ overt act An open, manifest act from which criminality may be implied. An outward act done in pursuance… …   Black's law dictionary

  • act — Synonyms and related words: accomplish, accomplished fact, accomplishment, achieve, achievement, acquit, act, act a part, act as, act as foil, act out, acta, acting, action, actions, activism, activity, acts, address, adventure, affect,… …   Moby Thesaurus

  • act out — ( )akt au̇t vt to express (as an impulse or a fantasy) directly in overt behavior without modification to comply with social norms <act out an adolescent fantasy> vi to behave badly or in a socially unacceptable often self defeating manner… …   Medical dictionary

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