7TH JUDICIAL CIRCUIT |
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| A B C D E F G H I J K L M N O P Q R S T U V W X Y Z ABET
To encourage another to
commit a crime. This encouragement
may be by advice, inducement, command, etc.
The abettor of a crime is equally guilty with the one who actually
commits the crime. ABSCOND
To
go in a clandestine manner out of the jurisdiction of the courts, or to lie
concealed, in order to avoid their process. ABSENTIA
Absent proceeding without defendant being present. ACCESSORY
AFTER THE FACT One
who harbors, assists, or protects another person, although he knows that person
has committed a crime. ACCESSORY
BEFORE THE FACT One
who helps another to commit a crime, even though he is absent when the crime is
committed. ACCOMPLICE
One
who is involved in the commission of a crime with others, whether he actually
commits the crime or abets others. ACQUITAL
Being found not guilty ADDENDUM
An addition to ADJUDICATION
The
judicial decision that ends a criminal proceeding by a judgment of acquittal,
conviction, or dismissal of the case. ADJUDICATORY
HEARING
A hearing before a judge in Juvenile Court to determine if there is enough
evidence to support the claims made in the petition. AFFIDAVIT
A written declaration or statement sworn to and affirmed by an officer having
authority to administer an oath. AFFIRMATION
To swear on ones conscience that what he says is true.
An oath means that one calls upon God to witness the truth of what he
says. AGGRAVATED
A severe or intensified assault or battery.
A weapon is usually involved. ALIAS
Short for alias dictum; any name by which one is known other than his true
name. ALIBI
A claim that one was in a place different from the scene involved.
If a person proves his alibi, he proves that he could not have committed
the crime charged. ALLEGED
The term used to modify any fact or charge not yet proven true. ALLOCUTION-
A courtroom formality occurring when a judge asks a prisoner, prosecutor, or, at
times, other pertinent parties if any legal reason exist for judgment to be
pronounced at that time or not. AMNESTY
A
sovereign act of oblivion for past acts, granted by a government to all persons
who have been guilty of crime, generally political offenses and often
conditioned upon their return to obedience. APPEAL
A
case carried to a higher court to ask that the decision of the lower court, in
which the case originated, be altered or overruled completely. ARRAIGNMENT
The court hearing where the accused is formally advised of the charges against
him, and is afforded an opportunity to enter a plea (guilty, no contest, not
guilty). If a guilty or no contest
plea is entered, a sentencing hearing may be set or he may be sentenced
immediately. If a not guilty plea is
entered, a trial date is set. No
testimony is taken at arraignment. ARREST
To take a person into custody so
that he may be held to answer to a criminal charge or a civil demand. AUTOPSY
The dissection of a dead body to determine the cause of death. BAIL
An amount of money set by the court which allows the release from custody of a
person charged with a criminal offense. The
purpose of the bail is to insure the appearance in court of the accused. BAIL
BOND
An obligation signed by the accused and his sureties, that insures his presence
in court. There is usually no bond
permitted in capital cases. BAILIFF
A court officer who keeps order in the courtroom, has custody of the jury, and
custody of the prisoners while in court. BAKER
ACT
An act of the court used to pronounce an individual incompetent BATTERER
A term used to describe a defendant who commits battery in domestic violence BENCH
WARRANT
An order by the court for the apprehension and arrest of a defendant or other
person who has failed to appear when so ordered. BILL
OF PARTICULARS
Document in which the prosecution sets forth time, place, manner and means of
the commission of the crime as alleged in the complaint or indictment. BILL
OF RIGHTS The
first ten amendments to the Constitution of the BINDING
OVER The
act by which a court or magistrate requires a person to enter into a
recognizance or furnish bail to appear for trial, to keep the peace, to attend
as a witness, etc. BOND
Cash
or surety to be posted for release on bail; types include: ·
Signature a signature
bond sometimes secured by a mortgage or real property, usually unsecured ·
Surety A certificate
posted by a bonding company to the Sheriff releasing the defendant ·
Supersedeas The bond
set by court during the appeal procedure posted with the clerk of court BOND
ESTREATURE
A court order to forfeit bond to the county BOOKING
The
procedure at a police station of entering the name and identifying particulars
relating to an arrested person, the charges filed against him, and the name of
the arresting officer. BOOKING
SHEET The
sworn document executed by the arresting officer, which states the probable
cause for the instant arrest. BURDEN
OF PROOF The
duty of affirmatively proving, in a criminal case, the guilty of the defendant
beyond a reasonable doubt. CALENDAR
A list of cases to be heard in a trial court, on a specific day, and containing
the title of the case, the lawyers involved, and the case number. CAPIAS
A capias is generated after the filing of an information.
This document has the same force and effect as an arrest warrant. CAPITAL
CRIME
Any crime that may be punishable by death or imprisonment for life. CASELOAD
The number of cases actively being investigated by a police detective or being
supervised by a probation or parole officer. CHANGE
OF VENUE
The removal of a trial from one jurisdiction to another in order to avoid local
prejudice. CHARGE
In criminal law, the accusation made against a person.
It also refers to the judges instruction to the jury on legal points. CIRCUIT
COURT
The court that hears felony and juvenile cases CIRCUMSTANTIAL
EVIDENCE
Testimony not based on actual personal knowledge or observations of the facts. CITATION
A summons given to defendant indicating the offense committed. CITIZENS
ARREST
A taking into custody of an alleged offender by a person who is not a law
enforcement officer. Such an arrest
is lawful if the crime was attempted or committed in his presence. CITIZENS
COMPLAINT
A sworn affidavit submitted by a private citizen, which alleges some type of
criminal behavior on the part of another. Intake
on these complaints is accomplished in a similar fashion to booking sheets in
the Misdemeanor Division. CIVIL
A type of legal case involving private rights and remedies of citizens. CLERK
OF COURT
Official custodian and keeper of all original documents, pleadings, evidence,
etc. (criminal and civil) CLOSING
ARGUMENT
The final statements (argument) by an attorney to jury/judge. CO-COUNSEL
An attorney who assists lead attorney in the litigation of a case. CO-DEFENDANT
A person accused CODE
A compilation, compendium or revision of laws, arranged into chapters, have a
table of contents and index, and promulgated by legislative authority: Criminal
code, Penal code. COERCION
The compelling of person to do that which he is not obliged to do, or to omit
doing what he may legally do, by some illegal threat, force, or intimidation.
For example: a forced confession. COMMIT
To perpetrate, as a crime; to place person in custody in a prison or other
institution by lawful order. COMMON
LAW
Law that derives its authority from usage and custom or court decisions, rather
than from legislation. COMMUNITY
CONTROL
a form of probation restricting the actions and movement (location) of the
defendant. COMMUTATION
In criminal law, to change the punishment meted out to a criminal to one less
severe. COMPENSATION
An act which a court orders to be done, or money a court orders to be paid, by a
person whose acts have caused loss or injury to another. COMPLAINT
A written statement presented to the court charging a defendant with an offense. COMPLAINANT
One who applies to the courts for legal relief by filing a complaint. CONCURRENT
SENTENCE
Each sentence runs at the same time. CONFESSION
-
An admission by the accused of his guilt; a partial admission (e.g., that he was
at the crime scene; that he had a motive is referred to as an admission
against interest). CONFINEMENT
Deprivation of liberty in a jail or prison either as punishment for a crime or
as detention while guilt or innocence is being determined. CONSENSUAL
CRIME
A crime without a victim; one in which both parties voluntarily participate
(e.g., adultery, sodomy, etc.). CONSPIRACY A secret combination of two or more persons who plan for the purpose of committing a crime or any unlawful act or a lawful act by unlawful criminal means. CONTEMPT OF COURT Any act which is calculated to embarrass, hinder, or obstruct a court in the administration of justice, or which is calculated to lessen its authority. CONTINUANCE
Postponement
of legal proceedings. CONVICTION
A finding by the jury (or by the trial judge in cases tried without a jury) that
the accused is guilty of a crime. CORONER
A public official whose principal duty is to investigate sudden or violent death
if the death is suspicious or violent. CORPORAL
PUNISHMENT
Physical punishment inflicted upon the body of another person. CORPUS
DELICTI
The body, or substance, of a crime. The
body upon which a crime has been committed. CORRECTIONS
Area of criminal justice dealing with convicted offenders in jails, prisons; on
probation or parole. CORROBORATING
EVIDENCE
Supplementary evidence that tends to strengthen or confirm other evidence given
previously. COURT
CLERK
A person employed by the clerk of circuit court, who is present at court
proceedings and documents all pertinent information regarding court events. COURT
REPORTER/STENOGRAPHER
A person, who is present at court proceedings, depositions who types word for
word or verbatim all conversation on the record. CRIME
A positive or negative act in
violation of penal law; an offense against a State of the CRIMINAL
INSANITY
Lack of mental capacity to do or refrain from doing a criminal act; inability to
distinguish right from wrong. CRIMINALISTICS
The science of crime detection,
e.g., ballistics, analysis of stains, etc. CRIMINAL
JUSTICE SYSTEM
The entire network of government agencies charged with law enforcement,
prosecution, trial and the punishment and supervision of those arrested and/or
convicted of having violated the criminal law. CRIMINOLOGY
The
scientific study of crime and criminals. CROSS
EXAMINATION
The questioning of a witness by the party who did not produce the witness. CULPABILITY
Guilty;
blameworthiness. DEFENDANT
Person against whom complaint or charge is filed. DELINQUENCY
Failure; omission; violation of law or duty.
(SEE JUVENILE DELINQUENT). DEMAND
FOR SPEEDY TRIAL
A document filed by the defendant stating that he is ready to go to trial within
five (5) days, and requires the State to proceed to trial within sixty (60)
days. DEMURRER
In court procedure, a statement that the charge that a crime has been committed
has no sufficient basis in law, despite the truth of the facts alleged. DEPENDENCY
A case involving child and parental rights. DEPOSITION
The
questioning of a witness, under oath, prior to trial.
In a criminal case, it is considered part of the discovery process. In
this fashion, attorneys from both sides learn what witnesses know about the
case. DETENTION
To hold a person in confinement while awaiting trial or sentence, or as a
material witness. DETENTION
HEARING
A hearing similar to first appearances, for juvenile delinquents. DETERRENT
Anything which impedes or has a tendency to prevent; e.g., punishment is a
deterrent to crime. DIRECTED
VERDICT
An instruction by the judge to the jury to return a specific verdict.
A judge may not direct a guilty verdict. DIRECTED
EVIDENCE
Proof of facts by witnesses who actually was acts or heard words, as
distinguished from circumstantial evidence. DIRECT
EXAMINATION
The first questioning of a witness by the party who produced him. DISCOVERY
In criminal cases, this is a process through which the State must reveal to the
defense the States witnesss names and addresses, as well as the substance
of any statements made by those witnesses. The
State must also provide access to any statements, reports or documents in its
possession, which relate to the case. DISCRETION
The decision-making powers of officers of the criminal justice system (e.g., to
arrest or not, to prosecute or not, to plea-bargain, to grant probation, or to
sentence to a penal institution). DISMISSAL
An order or judgement finally disposing of an action, suit, motion, etc.,
without trial of the issues involved. DISPOSITION
The final outcome of a case. DISTRICT
One of the territorial areas in which a country, state, county, municipality or
other political subdivision is divided for judicial, political electoral or
administrative purposes. DISTRICT
ATTORNEY
Prosecutor; sometimes DIVERSION
A process where by the defendant/delinquent is diverted from proceedings and
enters alternative programs in lieu of prosecution.
(Used in felony, misdemeanor, juvenile, domestic violence and worthless
check divisions) DOCKET
The formal record maintained by the court clerk, listing all cases heard.
It contains the defendants name, case number, date of arrest, and the
outcome of the case. DOCKET
SOUNDING
A court proceeding where both the State and defense declare their readiness to
proceed to trial. A trial date is
set for specific cases. No testimony
is taken from witnesses at this proceeding. DOUBLE
JEOPARDY
To be prosecuted twice for the same offense. DUE
PROCESS
Law in its regular course of administration through the courts of justice.
Guaranteed by the 5th and 14th Amendments. ELEMENTS
OF A CRIME
The parts of a crime, which are statutorily required to be alleged in the
charging document (Information) and then proven beyond a reasonable doubt at
trial. EMBRACERY
An attempt to influence a jury, or a member thereof, in their verdict by an
improper means. ENTRAPMENT
The
instigation of a crime by officers or agents of a government who induce a person
to commit a crime that he did not originally contemplate in order to institute a
criminal prosecution against him. EVIDENCE
All the means used to prove or disprove the fact at issue. EXAMINATION
An investigation of a witness by counsel in the form of questions for the
purpose of bringing before the court knowledge possessed by the witness. EXCEPTION
A formal objection to the action of the court during a trial.
The indication is that the excepting party will seek to reverse the
courts action at some future proceeding.
Objection. EXCLUSIONARY
RULE
Rule of evidence, which makes illegally acquired evidence inadmissible. EXECUTIVE
ASSIGNMENT
When a case is transferred/reassigned by the Office of
Governor for investigation/prosecution. EXPERT
EVIDENCE
Testimony by one qualified to speak authoritatively on technical matters because
of his special training or skill. EXPUNGEMENT
To seal or close a criminal record. EX
POST FACTO
After the fact.
An ex post facto law is a criminal law that makes an act unlawful
although it was committed prior to the passage of that law. EXTRADITION
The
surrender by one state to another of an individual accused of a crime. FALSE
ARREST
Any unlawful physical restraint of anothers freedom of movement.
Unlawful arrest. FEDERAL
REPORTER (F.2d)
A publication of judicial opinions of the federal courts. FELONY
A criminal act for which the offender can be sentenced to a prison term in
excess of one year. A law
enforcement officer can arrest a subject on probable cause for a felony. FIRST
APPEARANCE
Within 24 hours of arrest, a suspect has the right to be brought before a Judge
to be advised of what he has been arrested for and a bond set.
The Judge reviews the sworn booking sheet and if probable cause is found,
a bond can then be set. If no
probable cause is found, the suspect is then released on his own recognizance.
(This does not mean the charges are dropped, only that sufficient
probable cause has not been found on the face of the booking sheet.) FORENSIC
Relating to the court. Thus,
forensic medicine would refer to medicine in relation to court proceedings and
the law in general. FORFEITURE
To forfeit or give up rights of possession to items such as vehicles, airplanes,
boats, money which such is used or confiscated in the commission of a crime. FRUITS
OF THE POISONOUS TREE DOCTRINE
Evidence which is generated, directly derived or taken by or from an illegal
search or interrogation is generally inadmissible against the defendant because
of its original taint. FRUITS
OF CRIME
Material objectives acquired by means and in consequence of the commission of
the crime. FURLOUGH
A temporary leave of absence. GAG
ORDER
An order by the court, directed to attorneys and witnesses, to not discuss the
trial with reporters; or an order to reporters to not report court proceedings. GRAND
JURY A jury that hears evidence
presented by the prosecutor to determine whether there is enough evidence to
justify a formal criminal charge or indictment. HABEAS
CORPUS (WRIT OF)
An order that requires a jailer, warden police chief, or other public official
to produce a person being held in custody before a court in order to show that
they have a legal right to hold him in custody. HEARING
A court proceeding where some issue other than guilt or innocence is determined.
There may or may not be witness testimony taken, depending on the type of
hearing. HEARSAY
Evidence not originating from the witness personal knowledge. HOMICIDE
The killing of a human being; may be murder, negligent or non-negligent
manslaughter, or excusable or justifiable homicide. ·
Excusable Killing in
self defense or by accident ·
Justifiable Killing
committed intentionally but without evil intent ·
Vehicular Killing of
a human being by operation of an automobile, airplane or motorboat HUNG JURY A jury whose members cannot agree whether the accused is guilty or innocent. INTERSTATE
AGREEMENT ON DETAINERS - A compact
between most states and the federal government to facilitate the transfer of
prisoners in prison in one state to another state for the purpose of facing an
untried indictment, information or complaint. IGNORAMUS
A Latin phrase meaning we ignore, which is used by a grand jury when,
instead of returning an indictment in a case, they ignore it and decide that the
case should be dropped. Modern
terminology uses the term No true bill. IMPACT
STATEMENT
A written account of the physical, monetary, and/or emotional loss or suffering
that resulted from a crime and how the victim would like to see the case
resolved. IMPEACH
To discredit. To question the
truthfulness of a witness. Also, to
charge a president or governor with criminal misconduct. IMPRISONMENT
The act of confining a convicted felon in a federal or state prison. IN
CAMERA
In the judges private chambers; in secrecy; the general public and press are
excluded. INDICTMENT
A formal criminal charge made by a grand jury after hearing evidence presented
by the prosecutor. INFERENCE
A conclusion one draws about something based on proof of certain other facts. INFORMATION
A
formal document filed by the State Attorney which charges a suspect with a
specific crime or crimes. A document
prepared by the prosecutor as a means for presenting the charges against the
defendant to the court in certain types of cases (also see Complaint). INJUNCTION
An order by a court prohibiting a defendant from committing an act. INTAKE
This is the process by which an Assistant State Attorney reviews booking sheets
and citizen complaints, to determine whether there is sufficient evidence that a
crime was committed and to show who committed it.
If so, formal charges (an Information) are filed. INTENT
A design or determination of the mind to do or not do a certain thing.
Intent may be determined from the nature of ones acts. INVOKE
THE RULE
Separation and exclusion of witnesses from the courtroom while testimony is
being offered from other witnesses. JEOPARDY
Jeopardy attaches when a jury is sworn to try a case in a jury trial, or the
Judge begins to hear evidence in a non-jury trial.
Once jeopardy attaches, if the defendant is acquitted the State cannot
bring him back to trial for any charges arising from that same set of
circumstances, on which he as initially tried.
For instance, if a defendant is tried and acquitted for First Degree
Murder, he cannot be brought back and tried for Manslaughter of the same victim. JUDICIAL
NOTICE The
rule that a court will accept certain things as common knowledge without proof. JUDGEMENT/SENTENCE
The official document of a judges decision (disposition) of a case and sentence
of a defendant. JURY
A group of people summoned and sworn to decide on the facts in issue at a trial.
Composed of peers or a cross-section of the community.
(See Grand Jury and Petit Jury). JURY
DEMAND COURT
Court where misdemeanor cases are held when the defendant asks for a jury trial.
This does not mean there will be a jury.
Often the defendant waives his right to a jury trial in court. JURY
INSTRUCTION
Direction given by the judge to the members of a jury concerning the law of the
cases. JURY
SEQUESTRATION
Isolating the jury from public for the duration of a trial to prevent tampering
and exposure t trial publicity. JUVENILE
DELINQUENT
A boy or girl who has not reached the age of criminal liability (varies from
state to state) and who commits an act which would be a misdemeanor or felony if
he were an adult. LENIENCY
An usually mild sentence imposed on a convicted offender; clemency granted by
the President or a state governor; LITIGATION
Undertaking
of a legal action. MALFEASANCE
The
act of a public officer in committing a crime relating to his official duties or
powers. Accepting
or demanding a bribe. MALICE
An
evil intent to vex, annoy or injure another; intentional evil. MALICIOUS
PROSECUTION An
action instituted in bad faith with the intention of injuring the defendant. MANDAMUS
A
writ that issues from a superior court, directed to any person, corporation or
inferior court, requiring it to do some particular thing. MANSLAUGHTER
Causing
the death of another person either unintentionally but because of recklessness
or gross neglect (or voluntary or negligent manslaughter)
or intentionally but with provocation that a reasonable person would fin
extreme (voluntary or non-negligent manslaughter). MENS
RAE A
guilty intent. MIRANDA
WARNING A
police officer when taking a suspect into custody must warn him of his right to
remain silent and of his right to an attorney. MISDEMEANOR
Less
serious than a felony, this is a criminal act which is punishable by up to one
year in a county jail.
In most instances, a law enforcement officer cannot arrest a subject for
a misdemeanor that does not occur in his presence.
(Domestic Violence is an exception to this rule). MISPRISON
Failing
to reveal a crime. MISTRIAL
- A
trial discontinued before reaching a verdict because of some procedural defect
or impediment. MODUS
OPERANDI Method
of operation by criminals. MOTIONS - Procedural moves made by either the defense attorney or the prosecutor and submitted to the court, helping to define and set the ground rules for the proceedings of a particular case. Examples
of Motions ·
Motion in Limine A motion against admission of prejudicial
statements or questions ·
Motion to Compel A motion to enter an order compelling the
Defendant to provide to the State all documents and the reports of all experts
that the Defendant intends to use at trial ·
Motion to mitigate sentence A motion to reduce sentence ·
Motion to continue A motion to reschedule a court proceeding ·
Motion to suppress A motion to prevent admission of evidence
in a case ·
Motion for a new trial A motion requesting the judge to set
aside judgement and order a new trial MOTIONS
HEARING - A
hearing before a judge at which the prosecutor and the defense attorney may
submit motions, or formal requests, for orders or ruling by the judge.
Such motions might have to do with evidence to be permitted at trial or
for psychiatric examination of the accused.
The judge decides whether to grant these motions.
Witnesses are sometimes required at motions hearings. MOTIVE
The
reason for committing a crime. MURDER
intentionally
causing the death of another person without extreme provocation or legal
justification or causing the death of another while committing or attempting to
commit another crime. NEGLIGENCE
Failure to use such care as reasonable or ordinary
Examples ·
Contributing When negligence contributes to injury ·
Culpable failure to exercise a degree of care appropriate for
the circumstances ·
Gross Intentional failure to act; reckless disregard of the
consequences NO
BILL - A
phrase used by Grand Jury when they fail to indict. NO
INFORMATION NOTICE -
A
document filed by the State Attorney which notifies the defendant, the Clerk of
Courts and the law enforcement agencies involved that the State will not proceed
with a specific case.
This process takes place after arrest, but before a charging document has
been filed. NOLLE
PROSEQUL (NOLLE PROSSE)
- A
document filed by the State Attorney which notifies the defendant, the Clerk of
Courts and the law enforcement agencies involved that the State will not proceed
with a specific case.
This process takes place after arrest and after a charging document has
been filed. NOLO
CONTENDRE - A
pleading, usually used by a defendant in a criminal case, that literally means
I will not contest. NOTICE
- Issued
by the State Attorneys office calling a person to appear in court at a
specific time. ORDER
A document signed by the judge making a ruling or award
Examples ·
Order to show cause Requires person to appear and show why
some action should not be taken ·
Order to discharge bond When bond is released, usually once
case is disposed ·
Order appointing counsel ·
Recall
order recalling a warrant or capias ·
Order granting continuance Court event is rescheduled
ORDINANCE
A
statute enacted by the city or municipal government. ORGANIZED
CRIME - The
crime syndicate.
Continuing criminal conspiracy which engages in crime as a business. ORIGINAL
JURISDICTION -
Trial
jurisdiction. OVER
ACT - An
opinion or physical act. As opposed to a thought or mere intention. PARDON
- Executive
clemency setting aside a conviction and penalty. PAROLE
- A
conditional release from prison, under supervision. PAROLE
REVOCATION HEARING -
Normally
a two step process.
The first step consists of a preliminary hearing.
At the hearing, the parolee may present letters, documents and
individuals as evidence of his good behavior during the time of his release.
If probable cause is found, a final revocation hearing is hold to
evaluate all the facts and to determine if parole should be revoked.
Sometimes called probation revocation hearing. PENAL
CODE - The
criminal law of jurisdiction. PENOLOGY
- The
study of punishment and corrections. PEREMPTORY
CHALLENGE - The
act of objecting to a certain number of jurors without assigning a cause for
their dismissal.
Used during the voir dire examination. PERJURY - Deliberate false testimony under oath PERPETRATOR
- A
person who commits a crime. PETIT
JURY - The
ordinary trial jury, as opposed to Grand Jury,
composed of 12 persons who hear criminal cases.
Determines guilt or innocence of the accused. PLEA
- A
Plea before a Circuit Judge in General Sessions (Criminal) Court is an admission
of guilty by a defendant.
If a defendant pleads guilty, a trial is not necessary. PLEA
BARGAINING - Negotiation
between the defense and the prosecution in which concessions are made regarding
the sentencing of the defendant in exchange for a guilty plea. |