Glossary of Legal Terms
A
ACCESSORY: Someone who helps another person commit a crime by giving help or advice before or after the crime was committed. For example, helping to hide evidence of a robbery might make you an “accessory after the fact” to the robbery.
ACCOMPLICE: Someone who helps another person commit a crime and who is usually present when the crime is committed. For example, the driver of the getaway car for a robbery is an accomplice and will be guilty of the robbery even though he may not have actually committed the robbery.
ACQUITTAL: The decision of a judge or jury that a person is not guilty of a crime.
ADA: Abbreviation for Assistant District Attorney. See also Assistant District Attorney.
ADJOURN: To reschedule a court hearing to another time and sometimes a different place.
AFFIANT: One who makes an affidavit.
AFFIDAVIT: A written statement of facts that are sworn to under oath.
AGGRAVATING CIRCUMSTANCES: Circumstances that increase the seriousness of a crime and raise the penalty or punishment. For example, the crime of aggravated assault may be a physical attack made worse because it is committed with a dangerous weapon or results in severe bodily injury.
ALTERNATE JURORS: Extra jurors chosen to substitute regular jurors if they become unavailable to serve during the trial.
APPEAL: A request to a higher court for review of a lower court ruling.
ARRAIGNMENT: A court hearing where a person who is accused of committing a crime is told of the charges against him. A plea of guilty or not guilty is entered and bail may be set.
ARREST: The act of being taken into custody by police without the right to leave for the purpose of charging the person with a criminal offense.
ASSAULT: A threat or attempt to do bodily harm that falls short of actual battery
ASSISTANT DISTRICT ATTORNEY (ADA): Assistant District Attorneys are lawyers hired by the District Attorney to prosecute cases.
B
BAIL: Money paid to the court in exchange for release from jail while a criminal case is pending.
BATTERY: Illegal beating or physical contact with a person, without their permission, that is intended to harm them. Unintentional harmful contact is not battery.
BENCH WARRANT: An order given by a judge to arrest someone, usually for not showing up in court when they are supposed to.
BEYOND A REASONABLE DOUBT: The burden of proof that the prosecutor must meet at criminal trial in order to obtain a guilty verdict. The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.
BOOKING: What the police do when they arrest someone. It usually involves taking fingerprints, photographs, and writing down personal information about the person.
BRIEF: A written legal argument.
BURGLARY: The crime of breaking into and entering a building or home with the intention to commit a serious crime.
C
CHARGE: A formal accusation against a person that he or she committed a crime.
CONCURRENT SENTENCES: Sentences that are served at the same time.
CONSECUTIVE SENTENCES: Sentences that are served one after another.
CONTEMPT: When certain behavior prevents the administration of justice or damages the dignity, respect, or authority of the court. This includes disregarding or disobeying a court order on purpose. Contempt may be punished with a fine or jail time.
CONVICTION: When a judge or jury finds someone guilty of a crime, or a defendant voluntarily pleads guilty.
CONTRABAND: An item that is illegal to possess, distribute or produce, such as weapons or illegal drugs.
COURT REPORTER: A certified stenographer who records word for word everything that is said in court. They must provide a written copy of the record upon demand.
CROSS-EXAMINATION: The questioning of a witness conducted by the opposing attorney.
D
DEFENDANT: A person who has been charged with a crime.
DELIBERATE: When a jury considers all of the evidence and arguments made at trial in order to come to a decision on the guilt of a defendant.
DIRECT EXAMINATION: Questioning of a witness by the lawyer who called that witness.
DISCOVERY: The process lawyers use to find out information about a case before trial.
DISMISSAL: When the charges against a defendant are dropped. Only a judge can dismiss a case.
DRIVING UNDER THE INFLUENCE (DUI): Operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs.
DUE PROCESS: The way in which the law is administered in court in order to guarantee that everyone has their day in court, has the right to be represented by a lawyer, and has the right to benefit from court procedures that are speedy, fair, and impartial.
E
ELEMENTS: The component parts of crimes. For example, “Robbery” is defined as:
· the taking and carrying away
· of property of another
· by force or fear
· with the intent to permanently deprive the owner of the property.
Each of those four parts is an element that the prosecution must prove beyond a reasonable doubt.
EVIDENCE: Any proof that is legally presented at trial through witnesses, records, and/or exhibits.
EXHIBITS: A document or object shown and identified in court as evidence in a case.
F
FELONY: A crime that is punishable by more than one year in prison or death. Examples of felonies are robbery, burglary, grand larceny, sale of narcotics, and murder.
FINE: A sentence that requires the payment of money.
FRAUD: Deceiving another person and causing her to suffer a financial loss on purpose.
G
GUILTY PLEA: When a person admits in court that he is guilty of a crime charged against him.
H
HEARSAY: Statements by a witness that did not see or hear the incident in question but heard about it from someone else. Hearsay usually can’t be used as evidence in court.
HOMICIDE: A crime that involves one person killing another.
HUNG JURY: When a jury cannot reach agree on the guilt of a defendant. When there is a hung jury, the case may be retried.
I
IMPEACHMENT: (1) The process of calling a witness’s testimony into question. (2) The constitutional process used by the U.S. House of Representatives to “impeach” (or accuse of misconduct) high-ranking officers of the federal government, who are then tried by the Senate.
IMPOUND: To seize and hold in the custody of the law. This word is generally used when referring to objects or animals, but not people.
IMPRISON: To put a person in prison or jail as punishment for committing a crime.
INADMISSIBLE EVIDENCE: Testimony or other evidence that does not meet court rules regarding the type of proof that can be presented at trial.
INCARCERATE: To confine to a jail.
INCRIMINATE: To hold yourself or someone else responsible for criminal acts.
INJUNCTION: A court order that says a person cannot do, or must do, a specific act.
INFRACTION: A minor violation of the law, normally punishable with a fine.
INTERROGATION: A term that describes questioning by the police of a person in custody. A person is not obligated to answer police questions. If a person asks for a lawyer, the police must stop questioning.
J
JURY: A group of citizens who decide at trial if a defendant is guilty or not guilty of charges.
JURY BOX: Where the jury sits.
JURY INSTRUCTIONS: Explanation of the law read by the judge to the jury.
L
LARCENY: Theft.
LIFE IMPRISONMENT: Sentence of imprisonment for the rest of the person’s life. Parole may be possible in many cases.
LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE: Sentence of imprisonment without the possibility of release.
LINEUP: When the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the crime scene. The police are supposed to choose similar-looking people to appear with the suspect during the line up.
M
MANSLAUGHTER: The unlawful killing of a person unintentionally or without deliberation.
MIRANDA WARNING: Refers to a United States Supreme Court decision requiring that at the time of arrest, and before questioning, a person be advised of certain rights against self-incrimination.
MISDEMEANOR: A crime, less serious than a felony, punishable by up to one year in jail. Examples of misdemeanors are shoplifting, trespassing in a building, vandalism.
MISTRIAL: A decision by a judge to end a trial before a verdict is reached. A new trial may result in certain cases.
MOTION: A request for a judicial order.
O
OATH: A promise to tell the truth.
OPENING STATEMENT: Argument to the jury or judge made at the beginning of a trial.
P
PARDON: When chief executive of a state or country releases a convicted person from a punishment imposed by a court sentence.
PAROLE: A conditional release from prison that lets the person released serve the remainder of their sentence outside of prison so long as all conditions of release are met.
PEREMPTORY CHALLENGE: A motion to excuse a juror from serving on a jury without any reason given.
PERJURY: A false statement made on purpose while under oath in a court proceeding
PLEA: A defendant’s formal answer of “guilty” or “not guilty” in response to charges brought against him.
PLEA BARGAIN: Negotiation between the prosecutor and an accused person, or their lawyer, to exchange a guilty plea for conviction of a lesser charge, subject to approval by the court.
PRESUMPTION OF INNOCENCE: The belief that a person charged with a crime is innocent until proven guilty.
PROBABLE CAUSE: Facts or evidence that would lead a reasonable person to believe that a crime has been, is being, or will be committed and the person arrested is responsible.
PROBATION: A sentence that does not involve prison, but requires meeting certain conditions imposed by the court for a specified period of time under the supervision of the Department of Probation.
PROSECUTOR: A lawyer who represents the government in criminal cases (also known as the assistant district attorney or A.D.A., the People, or the prosecution).
PUBLIC DEFENDER: An attorney employed by the public to defend people who are charged with crimes and cannot afford a lawyer.
R
RAP SHEET: A summary of a person’s criminal history,
REBUTTAL: Evidence or argument made in response to an argument.
REMAND: To return a prisoner to jail.
RELEASED ON OWN RECOGNIZANCE: When a judge determines that a defendant is likely to appear in court as required by law and the defendant is released without having to post bail.
S
SEALED RECORD: A record closed by a court to further inspection by anyone.
SEARCH WARRANT: An order signed by a judge that directs owners of private property to allow the police to enter and search for items listed in the warrant.
SELF-DEFENSE: When a person uses reasonable force to protect himself from an attack, the principle of “self-defense” shields that person from criminal liability for the harm inflicted on the aggressor.
SENTENCE: A formal punishment imposed by a judge following a conviction.
SUBPOENA: A legal order to appear in court at a certain date and time. They are often used to summon witnesses to court in order to testify at trial.
T
TESTIFY: To speak under oath at a trial or at a deposition.
TRANSCRIPTS: An official typed record of everything that is said in court.
TRIAL: A court proceeding at which a judge or jury decides whether a person is guilty or not guilty of the charges against him or her.
V
VERDICT: The final decision of a jury as to whether a person is guilty or not guilty of charged offenses.
VOIR DIRE: The process by which a jury is selected.
W
WAIVE: To give up a legal right. Waivers must be voluntary, intentional, and with full knowledge of the consequences.
WARRANT: A judicial order allowing a police officer to conduct a search, seizure, or arrest.
Nothing on this page is meant to constitute legal advice. If you want specific legal advice or assistance, you must contact a lawyer.