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