Post by Milisha on Dec 7, 2008 0:22:47 GMT -5
ACCUSED: A person who has been charged with committing a crime but has not yet been tried.
ACQUITTAL: A judgment finding a defendant not guilty of committing a certain criminal offense.
ADJUDICATE: To determine judicially, adjudge, reach a judicial decision.
APPEAL: To take a case to a higher court for review of the correctness of the rulings or the decisions of a trial court.
ARRAIGNMENT: The initial court hearings at which the accused is brought before a judge, told the charges against him/her and asked to enter a plea of guilty or not guilty.
AGGRAVATING CIRCUMSTANCES: Facts tending to increase the severity of an offense.
ARREST: To take a person suspected of committing a crime into legal custody so that he/she can be charged with committing the crime.
BAIL: A sum of money required of the defendant to secure freedom until the date of trial or hearing. The purpose of bail is to ensure that the accused shows up at court. If he or she does not appear, the money is forfeited to the court.
BENCH WARRANT: Process issued by the Court for the attachment or arrest of a defendant who does not obey a subpoena.
BEYOND A REASONABLE DOUBT: The standard for the burden of proof placed on the prosecution in a criminal case. Reasonable doubt, as the name implies, is a doubt for which one can give a reason. It is such a doubt as would cause a juror, after careful and impartial consideration of all the evidence, to be so undecided that he/she cannot say that he/she has an abiding conviction of the defendant’s guilt. It is such a doubt as would cause a reasonable person to hesitate or pause. It is not a fanciful or a whimsical doubt, nor a doubt based on conjecture. It is based on reason. The government is not required to establish guilt beyond all doubt, or to a mathematical or a scientific certainty. Its burden is to establish guilt beyond a reasonable doubt.
BIND OVER: The process whereby a felony case is transferred to a court once the defendant has been indicted.
BURDEN OF PROOF: The requirement that a particular party, who is the proponent of a factual proposition, must persuade the trier of fact (judge or jury) by evidence of the truth of his/her proposition in a criminal case. The burden of proof is on the prosecution.
CHARGE: An accusation made against the accused that he/she committed the crime.
CITATION: A call or summons to appear in court on a given day.
CIVIL DISABILITIES: The way in which those who have "paid their debt to society" have their rights lifted after a conviction. Voting and license eligibility, certain jobs, and ability to run for certain offices may be limited by different states. Usually, individuals may be released from these only by obtaining sworn statements from reputable individuals attesting to the "rehabilitation" of the offender. Release does not erase the record of conviction.
COMPLAINT: Brought by a citizen or police officer, this is the formal charge which institutes proceedings against the defendant in the trial court.
CONTEMPT OF COURT: If one fails to obey the verbal order from a judge and if the order was proper, one may be evicted or arrested for disruption or contempt of court.
CONTINUANCE: The case is not heard on the assigned date, but is postponed to a later date. Continuances are allowed at the court’s discretion at the request of the prosecutor or the defendant.
CONVICTION: A judgment finding the defendant guilty of committing a certain criminal offense.
COURT: An agency of the judicial branch of the government, with constitutional authority to decide questions of law and disputes brought before it.
COURT OF RECORD: A court in which a verbatim record of the proceedings is kept, either by stenographic means or electrical devices. This is necessary if there is the possibility of an appeal.
CRIMINAL LAW: The law relating to crimes. The general theory of "common law" is that all wrongs are divisible into two categories: (1) civil or private wrongs, which are called "torts" and (2) criminal or public wrongs, which are called crimes. Torts are remedied by civil actions, usually brought by private persons. Crimes are remedied by criminal prosecutions, brought by a public official (prosecutor). A wrong may be both a tort and a crime; for example, embezzlement, in which the victim may sue for damages for the amount embezzled, and the offender is subject to punishment.
CROSS EXAMINATION: The questioning in trial or a hearing of a witness by the party or parties (or their counsel) other than the party initially calling the witness to the witness stand, immediately following direct examination.
DEFAULT: A situation where the defendant has failed to appear in court at the designated time.
DEFENDANT: A person who has been charged with committing a crime and is now on trial.
DEFENSE ATTORNEY: The lawyer for the defendant/accused.
DEFERRED PROSECUTION: An individual has been charged with a criminal offense; however, the defendant does not enter a plea and prosecution of the charge is withheld for a period of time, during time which defendant is placed under supervision of the Probation Department. If the defendant makes a satisfactory adjustment, the original charges filed against the defendant are dismissed.
DELINQUENT: A delinquent means any child (of an age determined by law) who has violated any federal or state law except traffic or game or fish law regulations.
DETENTION: After arrest and booking at the police station, the defendant is put in a lockup or detention cell until taken to court for a hearing, usually no more than 72 hours. "Pre-trial" detention is keeping the defendant in jail until the trial, either because he/she could not make bail or because he/she was found to be too dangerous to be released.
DISMISS/DISMISSAL: An order of the court terminating the prosecution of a case by ordering the charges against the defendant dropped. The prosecution may or may not be able to re-file the charges, depending on the nature of the order.
DISPOSITION: If the jury or judge has found the defendant guilty of the charge on which he or she is being tried, the judge must determine what penalty shall be imposed. This is the disposition of the sentencing phase of the trial. In some states, the judge may sentence the defendant to a specified facility, or to the Department of Corrections only. The defendant has a right to the presence of an attorney at this phase. A court officer usually submits a pre-sentence report on which the judge bases his/her decision.
DIVERSION: Essentially, this is pre-prosecution probation made available to the lesser offender as an alternative to standard criminal prosecution. The decision to divert is a joint decision of the district attorney and the court when it appears that both society and the defendant will benefit by involving the defendant in a meaningful rehabilitation program, thereby avoiding deleterious effects that normal criminal prosecution has on the offender and the resources of the justice system. Diversion is accomplished by deferred sentencing and deferred prosecution. It is sometimes administered after a guilty plea is entered, which plea is expunged (removed) from the defendant’s records if he/she meets the terms of the diversion.
DOCKET: Also called a "day book." The list of cases heard in court each day or the names of persons who have cases pending. May also include a list of the charges, the amount of bail (if any), how posted, lawyers and witnesses, how the action was initiated (by arrest, warrant or summons), complainant’s name, dates of each significant proceeding, disposition of the case, etc.
DUE PROCESS OF LAW: The exercise of the powers of government under safeguards to protect individual rights. There are two recognized forms: procedural and substantive. Procedural due process includes notice of charges and an opportunity to defend or be heard in an orderly proceeding. Substantive due process includes the liberty to pursue a chosen vocation or education, freedom to marry or contract, etc. The right to due process is protected by the Fifth Amendment (federal protection) and by the Fourteenth Amendment (state protection).
EQUAL PROTECTION OF THE LAW: A phrase found in the Fourteenth Amendment to the U.S. Constitution requiring application of state laws and access to the courts must be available to all persons without arbitrary limitations. Any law involving a classification of some type (race, sex, age, etc.) may be challenged and evaluated as to its reasonableness in accomplishing a legitimate state goal.
EXCLUSIONARY RULE: The exclusion from trial of any evidence that was illegally obtained. Any evidence obtained in violation of the Fourth Amendment cannot be used in any state or federal court.
EVIDENCE: Testimony and objects presented in court by the prosecutor and the defense.
FELONY: A crime more serious than a misdemeanor. Generally, a felony is punishable by imprisonment in a penitentiary for at least one year.
GRAND JURY: A group of citizens who hear evidence presented by the prosecutor and decide whether there is enough evidence to charge and try the accused for one or more felonies. In many states, prosecutors do not have to use a grand jury, but may themselves file felony charges in an "information."
GUILTY: A decision of a judge or jury in a criminal case that the accused committed the crime he/she was charged with.
GUILTY PLEA: A statement by the accused that he/she is guilty of the crime he/she was charged with.
HABEAS CORPUS: A writ addressed to one who has a person in custody, commanding him to produce the person, i.e., "have the body," before the court at a certain time. The purpose of the writ is to test the legality of the detention.
HEARINGS: In a crime that is not indictable (a "summary offense"), the judge may hear a case and dispose of it at the preliminary level. A preliminary hearing includes the prosecutor’s evidence that a felony has been committed and that the accused is probably the one who committed it. A defense lawyer may examine any witness the prosecution calls. The judge decides whether there is a prima facie case requiring a grand jury investigation or prosecutor’s "information." Other hearings are called to rule on admissible evidence or other legal matters prior to the trial.
HUNG JURY: A jury that is unable to reach a unanimous agreement on a verdict.
INDICTMENT: Instead of an indictment by a grand jury, the prosecutor’s office can bring charges by filing a bill of information. Most charges are filed this way.
INJUNCTION: A judicial order requiring the party enjoined to take or refrain from taking some specified action.
INVESTIGATION: The gathering of evidence by police and prosecutors to seek to prove the accused committed or did not commit the crime.
JUDGE: A person who presides over a court of law.
JURY: A group of citizens who hear the evidence presented in court and decide whether the accused is guilty or not guilty. MATTER OF FACT: An actual happening, thing done, or event, which is often said to be a question for the jury in a jury trial.
MATTER OF LAW: A principle or rule of duty to be decided by a judge.
MISDEMEANOR: A crime that is less serious than a felony and is usually punishable by one year or less in jail and/or a fine. Misdemeanors include offenses such as petty theft, most traffic violations, and possession of marijuana.
MISTRIAL: A trial that ends when the jury cannot decide whether the accused is guilty or not guilty, or when a legal procedure is violated.
MITIGATING CIRCUMSTANCES: Facts tending to lessen the severity of an offense.
MOTION: An oral or written request to the judge asking the judge to make a decision or take a specific action.
NOLO CONTENDRE: A pleading, usually by defendants in criminal cases, which literally means, "I will not contest it." It is similar to a guilty plea, but has the benefit of not admitting wrongdoing in any related civil trial. The judge must approve this plea and does so usually under extenuating circumstances or a first offense.
NOT GUILTY PLEA: A statement by the accused denying that he/she committed the crime.
OFFENDER: A person who has been convicted of crime.
"PAPERING": Also may be known as "screening." The decision made by the prosecutor on whether there is enough evidence to file charges against the accused.
PAROLE: Conditional release from prison before the end of the maximum sentence. Violation results in being returned to custody, pending a hearing to determine if a violation occurred and if the defendant did it.
PERJURY: A lie told while a person is under oath to tell the truth.
PERSONAL RECOGNIZANCE: An obligation of record entered into before a court requiring the performance of an act such as appearing in court as instructed. In other words, a person makes a pledge to the court that he/she will return before the court as instructed, and should he/she fail to do so, he/she is remanded to jail.
PLEA: A defendant’s formal answer in court denying or admitting that he/she committed a crime.
PLEA BARGAIN: A compromise whereby the defendant pleads guilty to a charge in return for a reduction of other charges. Plea bargaining is a function of prosecutorial discretion. Factors considered are: whether the defendant is a serious threat to the community, the nature of the crime and the probability of conviction.
PRECEDENT: The decision of an earlier judge in an earlier, similar case, used as an authority to determine later facts of questions of law. They are derived from appellate decisions.
PRELIMINARY HEARING: A hearing to determine if there is enough evidence to hold the accused for a grand jury hearing.
PRE-SENTENCE INVESTIGATION (REPORT): A social study made by Probation Officers at the discretion of the judge to: (1) gain understanding of the convicted offender, (2) discover circumstances surrounding the offense, and (3) make recommendation to the court for action on the sentence or disposition.
PRIMA FACIE CASE: A case which has proceeded upon sufficient proof to that stage where it will supporting a finding if evidence to the contrary is disregarded; a case where evidence in one’s favor is strong enough for his/her opponent to be called upon to answer.
PRISON: An institution run by the state or federal justice systems for the confinement of offenders convicted of felonies. From some prisons, offenders may earn parole.
PROBABLE CAUSE: The amount of proof needed by the police, the prosecutors, and the judge to believe that a crime was committed and the accused committed it. It is a standard of proof less onerous than proof beyond a reasonable doubt.
PROBATION: A method of allowing a person convicted of an offense to go at large under suspension of sentence, usually under the supervision of a probation officer, for a period of time.
PRO SE: Any party who acts for himself or herself in court, without counsel.
PROSECUTOR: In a criminal case, the lawyer representing the government, the people of that jurisdiction, and the victim.
PUBLIC DEFENDER: An attorney employed by the government to represent defendants who cannot afford to pay for a lawyer.
RECIDIVISM RATE: The relative number of prisoners who, after being released, return to prison or jail because they have committed another crime.
REFEREE: A person, not a judge, who performs the judicial function of determining facts and making findings, and then makes recommendations for action to a judge.
RESTITUTION: The act of restoring; restoration of anything to its rightful owner; the act of making good by giving the equivalent for any loss, damages or injury. A restitution order is an increasingly used sentencing sanction.
REVOCATION: A decision to withdraw probation, parole or privileges in a particular case.
SENTENCE: The accused person’s punishment after being convicted of a crime.
SENTENCING: Takes place after the verdict of "guilty" has been pronounced, usually at another time, and, in most felonies, is based on the pre-sentence report(s) submitted to the judge by the probation staff.
STATUS HEARINGS: Court hearings to make sure that both the prosecution and defense are ready for trial.
SUMMONS: A notice requiring appearance in court on a specific day at a given time. It means that a complaint, civil or criminal, has been made.
SUBPOENA: A written order calling for an individual’s presence in court in a situation involving someone else. A judge or prosecutor generally issues the subpoena.
SUSPECT: A person who is thought to have committed a crime and is under investigation, but who has not been arrested or charged.
TESTIMONY: Statements made in court by witnesses who are under oath to tell the truth.
TORT: Any private or civil wrong, by act or omission, for which a civil suit can be brought.
TRIAL: A court proceeding before a judge or a jury at which evidence is presented to decide whether or not the accused committed the crime.
TRIAL DE NOVO: A new trial conducted as if no previous trial had occurred.
TRIER OF FACT: The body who has the responsibility for determining the truth of a factual proposition. In a trial in a court, it is the judge; in a jury trial, it is the jury.
VENIRE: An order to an office to select and deliver jurors to the court.
VERDICT: The decision of a jury, finding the defendant guilty or innocent.
VICTIM: An individual against whom a crime or an attempted crime was committed, or the family or a close friend of an individual who was murdered.
VICTIM IMPACT STATEMENT: A form used by the judge at the time of sentencing that allows victims to describe the physical, emotional, financial and social impact of the crime on their lives and families. Many states permit victims to deliver impact statements personally, in open court.
WAIVER: A voluntary decision by a defendant to eliminate a legal procedure for which he/she has a right.
WARRANT: A legal order, usually signed by a judge, authorizing either an arrest or a search of a given person or place, for items that must be described with particularity.
WITNESS: A person who has seen or knows something about the crime. The victim is usually a witness, too.
WITNESS CONFERENCE: A discussion among the victim, witness(es) and the prosecutor to prepare for trial.
WRIT: An order from the court.
ACQUITTAL: A judgment finding a defendant not guilty of committing a certain criminal offense.
ADJUDICATE: To determine judicially, adjudge, reach a judicial decision.
APPEAL: To take a case to a higher court for review of the correctness of the rulings or the decisions of a trial court.
ARRAIGNMENT: The initial court hearings at which the accused is brought before a judge, told the charges against him/her and asked to enter a plea of guilty or not guilty.
AGGRAVATING CIRCUMSTANCES: Facts tending to increase the severity of an offense.
ARREST: To take a person suspected of committing a crime into legal custody so that he/she can be charged with committing the crime.
BAIL: A sum of money required of the defendant to secure freedom until the date of trial or hearing. The purpose of bail is to ensure that the accused shows up at court. If he or she does not appear, the money is forfeited to the court.
BENCH WARRANT: Process issued by the Court for the attachment or arrest of a defendant who does not obey a subpoena.
BEYOND A REASONABLE DOUBT: The standard for the burden of proof placed on the prosecution in a criminal case. Reasonable doubt, as the name implies, is a doubt for which one can give a reason. It is such a doubt as would cause a juror, after careful and impartial consideration of all the evidence, to be so undecided that he/she cannot say that he/she has an abiding conviction of the defendant’s guilt. It is such a doubt as would cause a reasonable person to hesitate or pause. It is not a fanciful or a whimsical doubt, nor a doubt based on conjecture. It is based on reason. The government is not required to establish guilt beyond all doubt, or to a mathematical or a scientific certainty. Its burden is to establish guilt beyond a reasonable doubt.
BIND OVER: The process whereby a felony case is transferred to a court once the defendant has been indicted.
BURDEN OF PROOF: The requirement that a particular party, who is the proponent of a factual proposition, must persuade the trier of fact (judge or jury) by evidence of the truth of his/her proposition in a criminal case. The burden of proof is on the prosecution.
CHARGE: An accusation made against the accused that he/she committed the crime.
CITATION: A call or summons to appear in court on a given day.
CIVIL DISABILITIES: The way in which those who have "paid their debt to society" have their rights lifted after a conviction. Voting and license eligibility, certain jobs, and ability to run for certain offices may be limited by different states. Usually, individuals may be released from these only by obtaining sworn statements from reputable individuals attesting to the "rehabilitation" of the offender. Release does not erase the record of conviction.
COMPLAINT: Brought by a citizen or police officer, this is the formal charge which institutes proceedings against the defendant in the trial court.
CONTEMPT OF COURT: If one fails to obey the verbal order from a judge and if the order was proper, one may be evicted or arrested for disruption or contempt of court.
CONTINUANCE: The case is not heard on the assigned date, but is postponed to a later date. Continuances are allowed at the court’s discretion at the request of the prosecutor or the defendant.
CONVICTION: A judgment finding the defendant guilty of committing a certain criminal offense.
COURT: An agency of the judicial branch of the government, with constitutional authority to decide questions of law and disputes brought before it.
COURT OF RECORD: A court in which a verbatim record of the proceedings is kept, either by stenographic means or electrical devices. This is necessary if there is the possibility of an appeal.
CRIMINAL LAW: The law relating to crimes. The general theory of "common law" is that all wrongs are divisible into two categories: (1) civil or private wrongs, which are called "torts" and (2) criminal or public wrongs, which are called crimes. Torts are remedied by civil actions, usually brought by private persons. Crimes are remedied by criminal prosecutions, brought by a public official (prosecutor). A wrong may be both a tort and a crime; for example, embezzlement, in which the victim may sue for damages for the amount embezzled, and the offender is subject to punishment.
CROSS EXAMINATION: The questioning in trial or a hearing of a witness by the party or parties (or their counsel) other than the party initially calling the witness to the witness stand, immediately following direct examination.
DEFAULT: A situation where the defendant has failed to appear in court at the designated time.
DEFENDANT: A person who has been charged with committing a crime and is now on trial.
DEFENSE ATTORNEY: The lawyer for the defendant/accused.
DEFERRED PROSECUTION: An individual has been charged with a criminal offense; however, the defendant does not enter a plea and prosecution of the charge is withheld for a period of time, during time which defendant is placed under supervision of the Probation Department. If the defendant makes a satisfactory adjustment, the original charges filed against the defendant are dismissed.
DELINQUENT: A delinquent means any child (of an age determined by law) who has violated any federal or state law except traffic or game or fish law regulations.
DETENTION: After arrest and booking at the police station, the defendant is put in a lockup or detention cell until taken to court for a hearing, usually no more than 72 hours. "Pre-trial" detention is keeping the defendant in jail until the trial, either because he/she could not make bail or because he/she was found to be too dangerous to be released.
DISMISS/DISMISSAL: An order of the court terminating the prosecution of a case by ordering the charges against the defendant dropped. The prosecution may or may not be able to re-file the charges, depending on the nature of the order.
DISPOSITION: If the jury or judge has found the defendant guilty of the charge on which he or she is being tried, the judge must determine what penalty shall be imposed. This is the disposition of the sentencing phase of the trial. In some states, the judge may sentence the defendant to a specified facility, or to the Department of Corrections only. The defendant has a right to the presence of an attorney at this phase. A court officer usually submits a pre-sentence report on which the judge bases his/her decision.
DIVERSION: Essentially, this is pre-prosecution probation made available to the lesser offender as an alternative to standard criminal prosecution. The decision to divert is a joint decision of the district attorney and the court when it appears that both society and the defendant will benefit by involving the defendant in a meaningful rehabilitation program, thereby avoiding deleterious effects that normal criminal prosecution has on the offender and the resources of the justice system. Diversion is accomplished by deferred sentencing and deferred prosecution. It is sometimes administered after a guilty plea is entered, which plea is expunged (removed) from the defendant’s records if he/she meets the terms of the diversion.
DOCKET: Also called a "day book." The list of cases heard in court each day or the names of persons who have cases pending. May also include a list of the charges, the amount of bail (if any), how posted, lawyers and witnesses, how the action was initiated (by arrest, warrant or summons), complainant’s name, dates of each significant proceeding, disposition of the case, etc.
DUE PROCESS OF LAW: The exercise of the powers of government under safeguards to protect individual rights. There are two recognized forms: procedural and substantive. Procedural due process includes notice of charges and an opportunity to defend or be heard in an orderly proceeding. Substantive due process includes the liberty to pursue a chosen vocation or education, freedom to marry or contract, etc. The right to due process is protected by the Fifth Amendment (federal protection) and by the Fourteenth Amendment (state protection).
EQUAL PROTECTION OF THE LAW: A phrase found in the Fourteenth Amendment to the U.S. Constitution requiring application of state laws and access to the courts must be available to all persons without arbitrary limitations. Any law involving a classification of some type (race, sex, age, etc.) may be challenged and evaluated as to its reasonableness in accomplishing a legitimate state goal.
EXCLUSIONARY RULE: The exclusion from trial of any evidence that was illegally obtained. Any evidence obtained in violation of the Fourth Amendment cannot be used in any state or federal court.
EVIDENCE: Testimony and objects presented in court by the prosecutor and the defense.
FELONY: A crime more serious than a misdemeanor. Generally, a felony is punishable by imprisonment in a penitentiary for at least one year.
GRAND JURY: A group of citizens who hear evidence presented by the prosecutor and decide whether there is enough evidence to charge and try the accused for one or more felonies. In many states, prosecutors do not have to use a grand jury, but may themselves file felony charges in an "information."
GUILTY: A decision of a judge or jury in a criminal case that the accused committed the crime he/she was charged with.
GUILTY PLEA: A statement by the accused that he/she is guilty of the crime he/she was charged with.
HABEAS CORPUS: A writ addressed to one who has a person in custody, commanding him to produce the person, i.e., "have the body," before the court at a certain time. The purpose of the writ is to test the legality of the detention.
HEARINGS: In a crime that is not indictable (a "summary offense"), the judge may hear a case and dispose of it at the preliminary level. A preliminary hearing includes the prosecutor’s evidence that a felony has been committed and that the accused is probably the one who committed it. A defense lawyer may examine any witness the prosecution calls. The judge decides whether there is a prima facie case requiring a grand jury investigation or prosecutor’s "information." Other hearings are called to rule on admissible evidence or other legal matters prior to the trial.
HUNG JURY: A jury that is unable to reach a unanimous agreement on a verdict.
INDICTMENT: Instead of an indictment by a grand jury, the prosecutor’s office can bring charges by filing a bill of information. Most charges are filed this way.
INJUNCTION: A judicial order requiring the party enjoined to take or refrain from taking some specified action.
INVESTIGATION: The gathering of evidence by police and prosecutors to seek to prove the accused committed or did not commit the crime.
JUDGE: A person who presides over a court of law.
JURY: A group of citizens who hear the evidence presented in court and decide whether the accused is guilty or not guilty. MATTER OF FACT: An actual happening, thing done, or event, which is often said to be a question for the jury in a jury trial.
MATTER OF LAW: A principle or rule of duty to be decided by a judge.
MISDEMEANOR: A crime that is less serious than a felony and is usually punishable by one year or less in jail and/or a fine. Misdemeanors include offenses such as petty theft, most traffic violations, and possession of marijuana.
MISTRIAL: A trial that ends when the jury cannot decide whether the accused is guilty or not guilty, or when a legal procedure is violated.
MITIGATING CIRCUMSTANCES: Facts tending to lessen the severity of an offense.
MOTION: An oral or written request to the judge asking the judge to make a decision or take a specific action.
NOLO CONTENDRE: A pleading, usually by defendants in criminal cases, which literally means, "I will not contest it." It is similar to a guilty plea, but has the benefit of not admitting wrongdoing in any related civil trial. The judge must approve this plea and does so usually under extenuating circumstances or a first offense.
NOT GUILTY PLEA: A statement by the accused denying that he/she committed the crime.
OFFENDER: A person who has been convicted of crime.
"PAPERING": Also may be known as "screening." The decision made by the prosecutor on whether there is enough evidence to file charges against the accused.
PAROLE: Conditional release from prison before the end of the maximum sentence. Violation results in being returned to custody, pending a hearing to determine if a violation occurred and if the defendant did it.
PERJURY: A lie told while a person is under oath to tell the truth.
PERSONAL RECOGNIZANCE: An obligation of record entered into before a court requiring the performance of an act such as appearing in court as instructed. In other words, a person makes a pledge to the court that he/she will return before the court as instructed, and should he/she fail to do so, he/she is remanded to jail.
PLEA: A defendant’s formal answer in court denying or admitting that he/she committed a crime.
PLEA BARGAIN: A compromise whereby the defendant pleads guilty to a charge in return for a reduction of other charges. Plea bargaining is a function of prosecutorial discretion. Factors considered are: whether the defendant is a serious threat to the community, the nature of the crime and the probability of conviction.
PRECEDENT: The decision of an earlier judge in an earlier, similar case, used as an authority to determine later facts of questions of law. They are derived from appellate decisions.
PRELIMINARY HEARING: A hearing to determine if there is enough evidence to hold the accused for a grand jury hearing.
PRE-SENTENCE INVESTIGATION (REPORT): A social study made by Probation Officers at the discretion of the judge to: (1) gain understanding of the convicted offender, (2) discover circumstances surrounding the offense, and (3) make recommendation to the court for action on the sentence or disposition.
PRIMA FACIE CASE: A case which has proceeded upon sufficient proof to that stage where it will supporting a finding if evidence to the contrary is disregarded; a case where evidence in one’s favor is strong enough for his/her opponent to be called upon to answer.
PRISON: An institution run by the state or federal justice systems for the confinement of offenders convicted of felonies. From some prisons, offenders may earn parole.
PROBABLE CAUSE: The amount of proof needed by the police, the prosecutors, and the judge to believe that a crime was committed and the accused committed it. It is a standard of proof less onerous than proof beyond a reasonable doubt.
PROBATION: A method of allowing a person convicted of an offense to go at large under suspension of sentence, usually under the supervision of a probation officer, for a period of time.
PRO SE: Any party who acts for himself or herself in court, without counsel.
PROSECUTOR: In a criminal case, the lawyer representing the government, the people of that jurisdiction, and the victim.
PUBLIC DEFENDER: An attorney employed by the government to represent defendants who cannot afford to pay for a lawyer.
RECIDIVISM RATE: The relative number of prisoners who, after being released, return to prison or jail because they have committed another crime.
REFEREE: A person, not a judge, who performs the judicial function of determining facts and making findings, and then makes recommendations for action to a judge.
RESTITUTION: The act of restoring; restoration of anything to its rightful owner; the act of making good by giving the equivalent for any loss, damages or injury. A restitution order is an increasingly used sentencing sanction.
REVOCATION: A decision to withdraw probation, parole or privileges in a particular case.
SENTENCE: The accused person’s punishment after being convicted of a crime.
SENTENCING: Takes place after the verdict of "guilty" has been pronounced, usually at another time, and, in most felonies, is based on the pre-sentence report(s) submitted to the judge by the probation staff.
STATUS HEARINGS: Court hearings to make sure that both the prosecution and defense are ready for trial.
SUMMONS: A notice requiring appearance in court on a specific day at a given time. It means that a complaint, civil or criminal, has been made.
SUBPOENA: A written order calling for an individual’s presence in court in a situation involving someone else. A judge or prosecutor generally issues the subpoena.
SUSPECT: A person who is thought to have committed a crime and is under investigation, but who has not been arrested or charged.
TESTIMONY: Statements made in court by witnesses who are under oath to tell the truth.
TORT: Any private or civil wrong, by act or omission, for which a civil suit can be brought.
TRIAL: A court proceeding before a judge or a jury at which evidence is presented to decide whether or not the accused committed the crime.
TRIAL DE NOVO: A new trial conducted as if no previous trial had occurred.
TRIER OF FACT: The body who has the responsibility for determining the truth of a factual proposition. In a trial in a court, it is the judge; in a jury trial, it is the jury.
VENIRE: An order to an office to select and deliver jurors to the court.
VERDICT: The decision of a jury, finding the defendant guilty or innocent.
VICTIM: An individual against whom a crime or an attempted crime was committed, or the family or a close friend of an individual who was murdered.
VICTIM IMPACT STATEMENT: A form used by the judge at the time of sentencing that allows victims to describe the physical, emotional, financial and social impact of the crime on their lives and families. Many states permit victims to deliver impact statements personally, in open court.
WAIVER: A voluntary decision by a defendant to eliminate a legal procedure for which he/she has a right.
WARRANT: A legal order, usually signed by a judge, authorizing either an arrest or a search of a given person or place, for items that must be described with particularity.
WITNESS: A person who has seen or knows something about the crime. The victim is usually a witness, too.
WITNESS CONFERENCE: A discussion among the victim, witness(es) and the prosecutor to prepare for trial.
WRIT: An order from the court.