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Criminal Law Terminology
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Acquittal
A legal judgment that officially pronounces a defendant not guilty of the charges against them.
Affidavit
A written statement confirmed by oath or affirmation, for use as evidence in court.
Arraignment
A court proceeding in which the defendant is called before a court, informed of their charges, and asked to enter a plea.
Bail
Money or property given to the court as a means of ensuring a defendant's return for trial.
Beyond a Reasonable Doubt
The standard of evidence required to validate a criminal conviction in most courts.
Capital Offense
A crime that is punishable by death.
Charge
A formal accusation by the government that the defendant has committed a specific crime.
Circumstantial Evidence
Evidence that relies on an inference to connect it to a conclusion of fact.
Concurrent Sentence
Sentences for multiple charges or convictions that are served at the same time.
Consecutive Sentence
Sentences for multiple charges or convictions that are served one after the other.
Conviction
A formal declaration that someone is guilty of a criminal offense.
Cross-Examination
The interrogation of a witness by the opposing party in a court of law.
Defendant
An individual, company, or institution sued or accused in a court of law.
Double Jeopardy
The prosecution of a person twice for the same offense, prohibited by the 5th Amendment in the U.S.
Due Process
Fair treatment through the normal judicial system, especially as a citizen's entitlement.
Evidence
The available body of facts or information indicating whether a belief or proposition is true or valid.
Exculpatory Evidence
Evidence that may prove a defendant's innocence.
Felony
A serious crime, typically one punishable by death or imprisonment for more than one year.
Grand Jury
A jury, usually of 23 jurors, which is convened to decide whether there is enough evidence to warrant the indictment of a suspect.
Habeas Corpus
A legal writ requiring a person under arrest to be brought before a judge or into court.
Indictment
A formal charge or accusation of a serious crime.
Inculpatory Evidence
Evidence that indicates a defendant's guilt.
Misdemeanor
A lesser crime punishable by a fine and/or county jail time for up to one year.
Mistrial
An invalid trial, caused by fundamental error or a hung jury, which cannot stand in law as the basis for a judgment.
Motion
A procedural device to bring a limited, contested issue before a court for decision.
No Contest
A plea where the defendant does not admit guilt but also does not dispute the charges.
Objection
A protest or disagreement with a statement or procedure during a trial.
Parole
The release of a prisoner temporarily or permanently before the completion of a sentence, on the promise of good behavior.
Perjury
The offense of willfully telling an untruth in a court after having taken an oath or affirmation.
Plea
A formal statement by or on behalf of a defendant or prisoner, stating guilt or innocence in response to a charge.
Plea Bargain
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.
Probable Cause
Reasonable grounds for making a search, pressing a charge, etc.
Probation
The release of an offender from detention, subject to a period of good behavior under supervision.
Prosecution
The legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.
Reasonable Doubt
The level of certainty a juror must have to find a defendant guilty of a crime.
Rebuttal
A refutation or contradiction presented by a party in a legal action.
Search Warrant
A legal document authorizing a police officer or other official to enter and search premises.
Self-Incrimination
Providing testimony that could subject oneself to criminal prosecution.
Subpoena
A writ ordering a person to attend a court.
Testimony
A formal written or spoken statement, especially one given in a court of law.
Verdict
A decision on a disputed issue in a civil or criminal case or an inquest.
Voir Dire
A preliminary examination of a witness or a juror by a judge or counsel.
Warrant
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.
Witness
Someone who sees an event, typically a crime or accident, take place.
Alibi
A claim or piece of evidence that one was elsewhere when an act, typically a criminal one, is alleged to have taken place.
Presumption of Innocence
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.
Restitution
The restoration of something lost or stolen to its proper owner or compensation for loss or injury.
Statute of Limitations
A law prescribing the time within which legal action must be taken.
Criminal Intent
A component of a crime involving a conscious decision on the part of the accused to commit a prohibited wrongful act.
Direct Examination
The first interrogation of a witness by the party who called them to testify.
Hung Jury
A jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or super-majority.
Jurisdiction
The official power to make legal decisions and judgments, typically in a given geographical area or over certain types of legal cases.
Summons
A document issued by a court that orders someone to appear in court at a given date and time.
Insanity Defense
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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