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Criminal Law Terminology

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Habeas Corpus

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A legal writ requiring a person under arrest to be brought before a judge or into court.

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Mistrial

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An invalid trial, caused by fundamental error or a hung jury, which cannot stand in law as the basis for a judgment.

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Direct Examination

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The first interrogation of a witness by the party who called them to testify.

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Felony

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A serious crime, typically one punishable by death or imprisonment for more than one year.

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Motion

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A procedural device to bring a limited, contested issue before a court for decision.

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Self-Incrimination

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Providing testimony that could subject oneself to criminal prosecution.

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Statute of Limitations

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A law prescribing the time within which legal action must be taken.

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Search Warrant

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A legal document authorizing a police officer or other official to enter and search premises.

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Consecutive Sentence

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Sentences for multiple charges or convictions that are served one after the other.

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Verdict

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A decision on a disputed issue in a civil or criminal case or an inquest.

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Restitution

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The restoration of something lost or stolen to its proper owner or compensation for loss or injury.

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Indictment

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A formal charge or accusation of a serious crime.

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Due Process

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Fair treatment through the normal judicial system, especially as a citizen's entitlement.

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Inculpatory Evidence

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Evidence that indicates a defendant's guilt.

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Witness

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Someone who sees an event, typically a crime or accident, take place.

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Presumption of Innocence

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A principle that requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to prove their innocence.

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Insanity Defense

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A legal defense that claims the accused was not responsible for their actions due to episodic or persistent psychiatric disease at the time of the criminal act.

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Conviction

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A formal declaration that someone is guilty of a criminal offense.

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Parole

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The release of a prisoner temporarily or permanently before the completion of a sentence, on the promise of good behavior.

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Plea Bargain

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An agreement between a prosecutor and a defendant whereby the defendant pleads guilty to a lesser charge in exchange for more lenient sentencing or a dismissal of other charges.

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Acquittal

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A legal judgment that officially pronounces a defendant not guilty of the charges against them.

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Beyond a Reasonable Doubt

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The standard of evidence required to validate a criminal conviction in most courts.

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Circumstantial Evidence

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Evidence that relies on an inference to connect it to a conclusion of fact.

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Defendant

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An individual, company, or institution sued or accused in a court of law.

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Probation

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The release of an offender from detention, subject to a period of good behavior under supervision.

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Alibi

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A claim or piece of evidence that one was elsewhere when an act, typically a criminal one, is alleged to have taken place.

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Summons

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A document issued by a court that orders someone to appear in court at a given date and time.

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Capital Offense

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A crime that is punishable by death.

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Cross-Examination

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The interrogation of a witness by the opposing party in a court of law.

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Exculpatory Evidence

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Evidence that may prove a defendant's innocence.

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Misdemeanor

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A lesser crime punishable by a fine and/or county jail time for up to one year.

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No Contest

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A plea where the defendant does not admit guilt but also does not dispute the charges.

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Criminal Intent

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A component of a crime involving a conscious decision on the part of the accused to commit a prohibited wrongful act.

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Affidavit

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A written statement confirmed by oath or affirmation, for use as evidence in court.

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Bail

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Money or property given to the court as a means of ensuring a defendant's return for trial.

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Grand Jury

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A jury, usually of 23 jurors, which is convened to decide whether there is enough evidence to warrant the indictment of a suspect.

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Perjury

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The offense of willfully telling an untruth in a court after having taken an oath or affirmation.

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Warrant

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A document issued by a legal or government official authorizing the police or another body to make an arrest, search premises, or carry out some other action relating to the administration of justice.

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Subpoena

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A writ ordering a person to attend a court.

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Voir Dire

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A preliminary examination of a witness or a juror by a judge or counsel.

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Objection

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A protest or disagreement with a statement or procedure during a trial.

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Plea

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A formal statement by or on behalf of a defendant or prisoner, stating guilt or innocence in response to a charge.

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Reasonable Doubt

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The level of certainty a juror must have to find a defendant guilty of a crime.

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Rebuttal

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A refutation or contradiction presented by a party in a legal action.

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Testimony

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A formal written or spoken statement, especially one given in a court of law.

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Arraignment

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A court proceeding in which the defendant is called before a court, informed of their charges, and asked to enter a plea.

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Concurrent Sentence

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Sentences for multiple charges or convictions that are served at the same time.

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Probable Cause

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Reasonable grounds for making a search, pressing a charge, etc.

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Prosecution

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The legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.

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Hung Jury

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A jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or super-majority.

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Charge

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A formal accusation by the government that the defendant has committed a specific crime.

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Double Jeopardy

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The prosecution of a person twice for the same offense, prohibited by the 5th Amendment in the U.S.

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Evidence

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The available body of facts or information indicating whether a belief or proposition is true or valid.

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Jurisdiction

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The official power to make legal decisions and judgments, typically in a given geographical area or over certain types of legal cases.

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