| A | B |
|---|
| acquittal | A release, absolution, or discharge of an obligation or liability. In criminal law a finding of not guilty. |
| actus reus | The “guilty act.” The actus reus is the physical aspect of a crime. |
| Alford plea | Name derived from North Carolina v. Alford in which the Supreme Court held that a guilty plea which represented a voluntary and intelligent choice among alternatives available to defendant, especially where he was represented by competent counsel, was not compelled within the meaning of the Fifth Amendment merely because the plea was entered to avoid the possibility of the death penalty. |
| arraignment | The hearing at which the accused is brought before the court to plead to the criminal charge in the information or indictment. He may plead “guilty,” “not guilty,” or where permitted, nolo contendre. |
| arrest | The actual restraint of a person for submission to custody. |
| arson | The malicious burning of the house or property of another. |
| bail | Security given for the release of a jailed person that guarantees their attendance at all required court appearances. |
| beyond a reasonable doubt | In evidence means fully satisfied, entirely convinced, satisfied to a moral certainty, and phrase is the equivalent of the words, clear, precise, and indubitable. |
| bigamy | The criminal offense of willfully and knowingly contracting a second marriage while the first marriage is still subsisting and undissolved. |
| bill of particulars | A document that describes in detail the particular events or facts that will be brought up at trial. |
| bind over | Transfer of jurisdiction of an accused person from one court to another court. |
| booking | The process of fingerprinting and processing a person charged with a crime. |
| capital case | A felony case punishable by death. |
| change of venue | A change in the location of a trial. |
| crime | An act in violation of the penal law of a state or the United States for which a specific punishment is prescribed. |
| degree of crime | A term used to refer to similar conduct that is punished to a great or a lesser extent depending on the existence of one or more factors. |
| double jeopardy | Putting a person on trial more than once for the same crime; prohibited by the 5th Amendment of the Constitution. |
| due process | A constitutional provision guaranteeing a person a fair and impartial trial. |
| exclusionary rule | The rule commands that where evidence has been obtained in violation of the search and seizure protections guaranteed by the U.S. Constitution, the illegally obtained evidence cannot be used at the trial of the defendant. |
| felony | A serious criminal offense. Under federal law any offense punishable by death, imprisonment for a term exceeding one year, or both a fine and imprisonment. |
| grand jury | A body of citizens assembled to receive complaints and accusations in criminal cases, to hear evidence, to determine whether probable cause exists that a crime has been committed, and whether an indictment should be issued. |
| homicide | The killing of one human being by the act, procurement or omission of another. |
| hung jury | A jury that cannot agree on a verdict; a deadlocked jury. |
| indictment | A written accusation issued by a grand jury charging a person with a public offense. |
| information | A written accusation filed by a prosecutor charging a person with a public offense. |
| mens reus | A guilty mind; a criminal intent. |
| Miranda Rule | Prior to any custodial interrogation the person must be warned: 1. That he has a right to remain silent; 2. that any statement he does make may be used as evidence against him; 3. that he has a right to the presence of an attorney; 4. that if he cannot afford an attorney, one will be appointed for him prior to any questioning if he so desires. |
| misdemeanor | A criminal offense lesser than a felony and generally punishable by a fine, a jail term of one year or less, or by both a fine and imprisonment. |
| nolo contendere | Latin phrase meaning “I will not contest it.” Type of plea which may be entered with leave of court to a criminal complaint or indictment by which the defendant does not admit or deny the charges, though a fine or sentence may be imposed pursuant to it. |
| omnibus hearing | A pretrial hearing to determine if discovery has been completed and other matters to expedite the procedures leading up to the trial. |
| parole | Release from jail, prison, or other confinement after actually serving part of sentence. |
| petty offense | A act that is a misdemeanor; also known as infraction. |
| plea | The defendant’s response to a criminal charge. |
| preliminary hearing | Also called a preliminary examination. A hearing by the court to ascertain whether there is probable cause to show that a crime was committed and that the defendant may have committed it. |
| preponderance of the evidence | As standard of proof in civil cases, is evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. |
| probable cause | Justification for believing it is more likely than not that the crime charged was committed and the suspect committed it. |
| probation | Sentence imposed for commission of crime whereby a convicted criminal offender is released into the community under the supervision of a probation officer in lieu of incarceration. |
| prosecutor | One who prosecutes another for a crime in the name of the government. |
| public defender | An attorney hired by the government to represent defendants who cannot afford to hire their own attorney. |
| search warrant | A court order that gives police permission to enter private property and conduct a search for evidence. |
| sentence | Judgment on the verdict in a criminal action. |
| surety | Person who guarantees another’s actions. |
| verdict | Finding of the jury as to the guilt or innocence of a defendant in a criminal trial. |
| waive | Relinquish rights voluntarily. |
| diversion program | Alternative to prosecution; defendant meets specific requirements and case is dismissed |
| embezzlement | Fraudulent taking of property or money by person entrusted with that property or money |
| forgery | Making or altering any writing without authorization |
| double jeopardy | To place at risk a person's life or liberty twice; prohibited by 5th Amendment |
| insider trading | Trading in stock of public corporation using "inside" information. |
