OFFICE OF THE STATE
ATTORNEY
7TH JUDICIAL CIRCUIT
7TH JUDICIAL CIRCUIT |
|
| 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 one’s 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 judge’s 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. CITIZEN’S
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. CITIZEN’S
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 State’s witness’s 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 defendant’s 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
court’s 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 another’s 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 judge’s 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 one’s 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 Attorney’s 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. POST
MORTEM - After
death. Commonly
applied to examination of a dead body.
An autopsy is a post mortem examination to determine the cause of death
(See Autopsy). PRAECIPE
–
A writ commanding the clerk of court to issue a subpoena or summons PRECEPT
– An
order, writ, warrant or process PRE
SENTENCE INVESTIGATION -
A
document that details the past behavior prior criminal history/conviction,
family circumstances and personality of an adult and gives information about the
crime he/she committed.
It’s prepared by the Police and Probation in order to assist the court
in determining the most appropriate sentence. PRELIMINARY
HEARING -
If
the State has not formally filed charges against the suspect within 21
days of arrest,
he is entitled to an adversary preliminary hearing.
The State is required to show (usually through witness testimony) that
probable cause exists that a crime was committed and the suspect committed it.
This is a safeguard for indefinitely without bring formal charges. PRESUMPTION
OF FACT - An
inference as to the truth or falsity of any proposition or
fact made in the absence of actual certainty of its truth or falsity or
until such certainty can be attained. PRESUMPTION
OF LAW - A
rule of law that courts and judges must draw a particular inference from a
particular fact or evidence, unless the inference can be disproved. PRETRIAL
CONFERENCE - The
pretrial conference is a meeting between the Prosecutor of one of the Assistant
Prosecutors and the witnesses to a crime.
A witness is notified of the date and time of this conference by
receiving a summons.
At the pretrial conference the witness will have an opportunity to fully
discuss the case and ask any questions that they may have. PRIMA
FACIE - So
far as can be judged from the appearance or at first sight. PROBABLE
CAUSE –
Reasonable belief that a crime was committed and that named person committed the
crime. PROBATION
- A
penalty placing a convicted person under the supervision of a probation officer
for a stated time, instead of being
confined. PROSECUTOR
- One
who initiates a criminal prosecution against an accused.
One who acts as a trial attorney for the government as the representative
of the people. PUBLIC
DEFENDER - An
appointed or elected public official charged with providing legal representation
for indigent persons accused of crimes. REASONABLE
DOUBT – That
state of mind of jurors when they do not feel a moral certainty about the truth
of the charge and when the evidence does not exclude other reasonable hypothesis
except that the defendant is guilty as charged. REBUTTAL
- The
introduction of contradicting testimony; the showing that statements made by a
witness are not true; the point in the trial at which such evidence may be
introduced. RECIDIVIST - A repeater in crime; a habitual offender. RECOGNIZANCE
- When
a person binds himself to do a certain act or else suffer a penalty, as, for
example, with a recognizance bond. Release
on recognizance is release without posting bail or bond. RELEVANT
- Applying
to the issue in question; related to the issue;
useful in determining the truth or falsity of an alleged fact. REMAND
- To
send back. To remand a case for new
trial or sentencing. REPARATION
- Payment
for an injury; redress for a wrong. REPRIEVE
– A
stay of execution or sentence. RESPONDENT
- The
party against whom an appeal is taken or a motion is brought and who is required
to answer (respond). RESTITUTION
- The
requirement that a criminal restore something to its rightful owner or give an
equivalent incase or work for an injury. (can be money ordered by the court)
S (Top of Page)SEARCH
WARRANT - A
written order, issued by judicial authority in the name of the state, directing
a law enforcement officer to search for personal property and, if found to bring
it before the court. SENTENCE
- The
punishment imposed by the trial judge on a convicted offender. ·
Concurrent – Served at the same time as another ·
Consecutive/cumulative – separate sentences made to begin at the
expiration of another ·
Deferred – Postponed until a future time ·
Determinate – For a fixed period of time ·
Final – Ends the case SERVICE
OF PROCESS –
Delivery of a copy of a writ, summons, etc. to a person involved in a legal
action; types include: ·
Constructive – Any form of service other than personal ·
Long arm – Service permitted on nonresidents by virtue of
activity within a state ·
Personal – Actual delivery of process to the person whom it is
directed to ·
Publication – Advertisement in a newspaper ·
Substituted – Service by mail, publication or to another person SHOW
CAUSE - A
court order requiring a person who has been commended to do or not to do some
act to appear before the court to explain why the court should no enforce the
original order. SPEEDY
TRIAL - A
person accused of a crime is entitled to a trial within a certain period of
time. For
a misdemeanor, the trial must begin within 90 days.
For a felony, the trial must commence within 175 days.
Time begins to run on the date of arrest.
A defendant waives (gives up his right to) speedy trial if he asks for
additional time to prepare, or fails to appear for a required court appearance.
The defendant must be continuously available for trial.
If the State is not ready for trial and asks for a continuance, it does
not stop the time from running.
If speedy trial time runs out and the State has not begun the trial, the
defendant can file a Motion for Discharge, this can result in charges being
dismissed by the court. STATEMENT
OF PARTICULARS –
A statement of the specific criminal acts charged in an information, petition,
or indictment (bill of particulars) STATE’S
EVIDENCE - Testimony
given by an accomplice or participant in a crime, tending to convict others. STATUS
OFFENSE - An
act which is punishable only because the offender has not as yet reached a
statutorily prescribed age (e.g., truancy, running away, drinking alcohol
beverages by a minor, etc). STATUTE
– A
law. STIPULATION
–
An agreement made by opposing attorneys; voluntary SUBPOENA
- A
written order by a judicial officer requiring a specified person to appear in a
designated court/place at a specific time and place in order to serve as a
witness in a case or to bring material to court. SUBPOENA
DUCES TECUM - A
court order requiring a witness to testify and to bring all books, documents,
and papers that might affect the outcome of the proceedings. SUMMONS
- An
order to appear in court on a particular date, which is issued by a police
officer after or instead of arrest. It
may also be notification to a witness or a juror to appear in court. SUSPECT
- One
whom the police have determined as very likely to be the guilty perpetrator of
an offense. SUSPENDED
SENTENCE - A
court decision to post pone the pronouncement of sentence on a convicted person
or to postpone the execution of a sentence that has been pronounced by the
court. SUSTAIN
- Support,
warrant, or uphold.
When an attorney objects to the introduction of evidence during a trial
and the judge agrees with the objection. TESTIMONY
- Evidence
given by a competent witness, under oath, as distinguished from evidence from
writings and other sources. TORT
- A
legal wrong committed against a person or property for which compensation may be
obtained by civil action. TRIAL
- The
examination of an issue before a court; in a criminal case, the defendant must
be proven guilty beyond a reasonable doubt.
A trial may take place before a judge or before a judge and a jury. TRUE
BILL –
When the grand jury finds sufficient evidence to warrant criminal charges; when
an indictment if filed. UNIFORM
CRIME REPORTS -
Annual
statistical tabulation of “crimes known to the police”
and “crimes cleared by arrest”, published by the Federal Bureau of
Investigation. VENUE
- The
location (county) in which a crime is committed.
This is also the county in which the case must then be tried. VERDICT
- The
decision of a court. VICTIMOLOGY
- Sub-discipline
of criminology which emphasizes the study of criminology and includes victim
compensation. VOIR
DIRE - (French)
“To speak the Truth”.
A voir dire describes a courts preliminary examination of a prospective
juror or witness whose competency or qualifications have been challenged. WARRANT
–
A writ issued by a judge authorizing an officer to make an arrest, a seizure,
search, or do other acts incident to the administration of justice, i.e.
Search Warrant, Arrest Warrant, Bench Warrant, Death Warrant WITHHOLD
OF ADJUDICATION –
The judge withholds the judgment of guilt/conviction on a defendant. WRIT
–
A written document or order requiring performance of a specific act, or giving
authority and commission to have it done. WRIT
OF CERTIORARI -
An order by the appellant court used when the court has the discretion on
whether or not to hear an appeal WRIT
OF HABEAS CORPUS AD PROSE QUENDUM –
A writ ordering a prisoner be brought before the court to be prosecuted. WRIT OF HABEAS CORPUS AD TESTIFICANDUM – A writ ordering a prisoner be brought before the court to testify. |
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Copyright © 2007 State Attorney's Office
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