CRIMINAL JURISPRUDENCE DEFINITION OF TERMS.doc

CRIMINAL JURISPRUDENCE DEFINITION OF TERMS Abandonment Abandonment - a parent or guardian leaving a child without adequate supervision for the child's needs for an excessive period. Acquittal Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven guilty beyond reasonable doubt of the crime charged. Action Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong or protection of a right. Actus eus - proof that a criminal act has occurred. Ad!udicated Ad!udicated - settled in a court of law. Ad!udicated "at#e "at#e - man determined by the court to be the father usually through a court action and genetic testing. Ad!udication Ad!udication - giving or pronouncing a judgment or decree;also thejudgment given.Decision made by a court or administrative agency with respect to a case. Administati$e documentation - records such as case-related conversations conversations evidence receipts description of evidence packaging and seals and other pertinent information. Administati$e e$ie% e$ie% - an evaluation of the case report and supporting documentation documentation for consistency with laboratory policies editorial correctness and compliance with the submission request. Admissible Admissible - evidence that can can be legally and properly introduced in a civil or criminal criminal trial. Ado&tion Ado&tion - legal proceeding in which an adult takes as his!her lawful child an individual individual usually a minor who is not the adoptive parents or natural offspring. Ad$esa' s'stem s'stem - trial methods in which which opposing parties are given full opportunity opportunity to present and establish their evidence and to test by cross-examination the evidence presented by their adversaries under established rules of procedures before an impartial judge. A""ida$it A""ida$it - a sworn statement by a witness. A""imati$e de"ense de"ense - without denying the charge defendant raises extenuating or mitigating circumstance circumstance such as insanity self-defense self-defense or entrapment to avoid civil or criminal responsibility. responsibility. A""imed A""imed - in the practice of the appellate court the word means that the decree or order at issue is declared valid and will stand as rendered in the lower court. Amicus cuiae cuiae - friend of the court a person who petitions the court for permission to provide information to the court on a matter of law that is in doubt or one who is not a party to a lawsuit but who is allowed to introduce evidence arguments or authority to protect one's interest. A&&eal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher court."equest court."equest to a higher court to change the decision of a trial court usually appeals are made and decided on questions of law only.#ssues only.#ssues of fact are left to the trial judge discretion. Aai(nment Aai(nment - in a criminal case the proceeding in which an accused person is brought before a judge to hear the charges filed against him or her and to enter a plea of guilty or not guilty. Aest - process of taking a person into custody. Assault - intentional display of force that would give the victim reason to fear or expect immediate bodily harm. Attest - to bear witness; to affirm as true or genuine. Attone')at)la% Attone')at)la% - an officer in a court of justice who is employed by a party in a case to manage it for him. *ail - money or security given to secure secure a person's release from custody custody which is at risk should he!she subsequently fail to appear before the court. *ail bond - the obligation signed by the accused to secure his!her presence at the trial which he!she may lose by not properly appearing for trial.

*a - the term means the whole body of lawyer's.$istorically the partition separating the general public from the space occupied by the judge's lawyer's and other participants in a trial. *atteed %oman s'ndome - a collection of symptoms that are manifest in women who have suffered prolonged and extensive abuse from their spouses. *e'ond easonable doubt - the standard in a criminal case requiring that court be satisfied to a moral certainty that every element of a crime has been proven by the prosecution all reasonable doubt are removed from the mind of the ordinary person. *ill o" Paticulas - a statement used to inform the defense of the specific occurrences intended to be investigated in trial and to limit the course of evidence to the particular scope of the inquiry.%n amplification of the pleading. *oo+in( - the process of photographing fingerprinting and recordingidentifying data of a suspect following arrest. *ie" - a written statement prepared by one side in a lawsuit to explain to the court its view of the facts of  a case and the applicable law. *utali,ation - the proposition that the use of capital punishment actually increases the crime rate by sending a message that it is acceptable to kill those who have wronged us. Ca&ital cime - a crime punishable by death. Case la% - law created as a by-product of a court decisions made in resolving unique disputes as distinguished from statutory law. Case ecods - all notes reports custody records charts analytical data and correspondence generated pertaining to a particular case. Ca$eat - a warning; a note of caution. Ceti"ication - procedure by which a certifying body formally recogni&es that a body or person complies with given qualifications. C#ambes - a judge's private office. C#ild abuse - act of commission that is not accidental and that harms or threatens to harm a child's physical or mental health or welfare. C#ild ne(lect - failure of a parent or other person legally responsible for a child's welfare to provide for the child's basic needs and a proper level of care with respect to food clothing shelter hygiene medical attention  or supervision.hild neglect is an act of omission. Cicumstantial e$idence - that evidence that only suggests an association with a past occurrence.%ny evidence in a case for which an inference is needed to relate it to the crime.(ot observed by an eyewitness.)act from which another fact can be reasonably inferred. Ci$il commitment - the legal proceeding by which a person who is mentally ill and imminently dangerous is involuntarily committed to a psychiatric hospital. Closin( a(ument - also known as final argument attorney's final statement to the court summing up the case and the points points proven as well as those points not proven by opposing counsel. Common la% - body of law based on judicial decisions *precedents or customs and usage+ generally derived from justice reason and common sense rather than legislative enactments. Com&etenc' - possession of characteristics that qualify a witness to observe recall and testify under oath; personal qualification of the witness to give testimony which differs from the witness ability to tell the truth. Com&lainant - the party who complain or sues one who applies to the court for legal redress also called the plaintiff. Concu - to agree with the judgment of another.,hen one court concurs with another it agrees with or follows the precedent set by that court's decision. Concuent sentence - sentences for more than one violation that are to be served at the same time rather that one after the other. Con"ession - an oral or written statement acknowledging guilt.

Consent seac# - exception to the requirement for a search warrant; written or oral permission is required from a person with authority to give it. Cons&iac' - a combination of two or more person whose purpose is to commit unlawful or criminal act or to commit a lawful act by criminal means. Contem&t o" cout - willful disobedience of a judge's command or of an official court order. Continuance - court order that postpones legal action such as a court hearing until later time. Con$iction - a judgment of guilt against a criminal defendant. Co&us delicti - the proof that a crime has been committed consisting of two components . that each element of the crime be satisfied . that someone is responsible for inflicting the injury or loss sustained. - /ody of the crime. Cout matial - military tribunal that has jurisdiction over offenses against laws of the service in which the member is engaged.0ilitary status is not sufficientthe crime must be service connected. Cout ode - directive issued by the court and is enforceable as law; written command or directive given by the judge. Cout o" A&&eals - a court that hears an appeal after a trial court has made a judgment. Ciminal &osecution - process that begins with the filing of charges against a person who has allegedly violated criminal law and includes the arraignment and trial of the defendant.riminal prosecution may result in fine restitution imprisonment or probation. Coss)e-amination - the questioning of a witness produced by the other side. Custod' #eain( - legal process usually in family and juvenile court to determine who has the right Dama(es - money awarded by a court to a person injured by the unlawful act or negligence of another person. Daube test - a standard for determining the reliability of scientific expert testimony in court currently adopted by many jurisdictions.)ive factors are utili&ed to assess the scientific theory or technique testing of theory use of standards and control peer review error rate and acceptability in the relevant scientific community. Decision - the judgment reached or given by a court of law. De"ault !ud(ment - a decision of the court against the defendant because of failure to respond to a plaintiff's action. De"endant - in a civil case the person being sued. #n a criminal case the person charged with a crime. De&osition - oral or written testimony under oath but outside the court room. Detention - temporary confinement of a person by a public authority. Diminis#ed ca&acit' - a variation of the insanity defense that is applicable if the defendant lacks the ability to meaningfully premeditate the crime. Diect e$idence - proof of facts by witnesses who saw acts done or heard words spoken as distinguished from circumstantial or indirect evidence.#nformation offered by witnesses who testify about their own knowledge of the facts. Diect e-amination - the first questioning of witnesses by the party in whose behalf they are called. Diect questions - queries that are phrased in a positive and confident manner are stated clearly and address the topic in a forthright manner. Disco$e' - a pre-trial procedure by which one party can obtain vital facts and information material to the case to assist in preparation for the trial.1he purpose of discovery is to make for a fair trial and to allow each party to know what document and information the opponents has in its possession. Dismissal - action by the court that removes the court's jurisdiction over a given case. Di$esion - the process of removing some minor criminal traffic or juvenile cases from the full judicial process on the condition that the accused undergo some sort of rehabilitation or make restitution for

damages.Diversion may take place before the trial or its equivalent. Doc+et - a list of cases to be heard by the court. Double !eo&ad' - putting a person on trial more than once for the same crime. D'in( declaation - a statement made just prior to death with the knowledge of impending death.%lso called ante-0orten statement. Element o" a cime - specific factors that define a crime every element of which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction. Enta&ment - an act by enforcement agencies that lures an individual into committing a crime not otherwise contemplated for the purpose of prosecuting him!her. E$identia' standads - guidelines used in examining evidence to determine whether it has been legally collected and whether it is factual and legally proves or is relevant to the case being heard. E-)&ate ode - an order issued by a judge on its own. E-clusiona' ule - the rules that defines whether evidence is admissible in a trial. E-i(ent cicumstances - exception to the requirement for a search warrant when there is no time to get a warrant and failure to search will lead to destruction or concealment of evidence injury to police or others or escape of the suspect. E-&et testimon' - statements given to the court by witnesses with special skills or knowledge in some arts science profession or technical area.2xperts educate the court by assisting it in understanding the evidence or in determining an issue of fact. E-&et %itness - a legal term used to describe a witness who by reason of his!her special technical training or experience is permitted to express an opinion regarding the issue or a certain aspect of the issue that is involve in a court action. E-&un(e - to strike out obliterate or mark for deletion from the court record. E-tadition - the process by which one state surrenders to another state a person accused or convicted of a crime in the other state. Felon' - a crime of a graver nature than a misdemeanor usually punishable by imprisonment in a penitentiary for more than a year or a substantial fine. Fence - a person in the business of buying stolen goods usually for resale; to buy or sale stolen goods. Faud - an intentional misrepresentation or deception employed to deprive another of property or a legal right or to otherwise do them harm. .a( ode - a trial judge's order to attorney's and witnesses not to talk to the press about the case. /abeas co&us - a writ that commands that a person be brought before a judge.% writ of habeas corpus is a legal document that forces law enforcement authorities to produce a prisoner they are holding and to legally justify his or her detention. /eain( - judicial or legal examination of the issues of law and fact between the parties. /easa' - a statement made during a trial or hearing that is not based on the personal first hand knowledge of the witness.3tatement made out of court and offered in court to support the truth of the facts asserted in the statement. /easa' ule - the regulation making a witness's statement inadmissible if it is not based on personal knowledge unless it falls within certain exceptions. /olo(a&#ic document - any document completely written and signed by one person.% holographic may be probated without anyone having witnessed its execution. /ostile %itness - a witness whose testimony is not favorable to the party who calls him or her as witness. Immunit' - grant by the court in which someone will not face prosecution in return for providing criminal evidence. Inadmissible e$idence - the testimony!evidence that the judge rules as not proper and hence instructs its disregard.

Incom&etenc' - lacking the physical intellectualor moral capacity or qualification to perform a required duty. Indeteminate sentence - a sentence of imprisonment to a specified minimum and maximum period of time specifically authori&ed by statute subject to termination by a parole board or or other authori&ed agency after the prisoner has served the minimum term. In"action - a violation of law not punishable by imprisonment.0inor traffic offenses are generally considered infractions. In!unction - a preventive measure by which a court orders a party to refrain from doing a particular act.% preliminary injunction is granted provisionally until a full hearing can be held to determine if it should be made permanent. Inteo(atoies - set of speciali&ed questions sent by one attorney to another concerning requested information of their respective clients relevant to the case. Jud(ement - the final disposition of a case. Jud(ement0de"ault - default judgment is rendered because of the defendant's failure to answer or appear. Jud(ement0summa' - summary judgment is given on the basis of pleadings affidavits and exhibits presented for the record without any need for a trial.#t is used when there is no dispute as to the facts of the case and one party is entitled to judgement as a matter of law. Judicial e$ie% - authority of a court to review the official actions of other branches of government also the authority to declare unconstitutional the actions of other branches. Juisdiction - the nature and scope of a court's authority to hear or decide a case.#nherent power and authority of a particular court to hear and determine cases. Justice - fairness providing outcomes to each party in line with what they deserve. Ju$enile - characteristic of youth youth means under 4 years of age. Ju$enile cout - a court which decides criminal charges brought against children under 4 years of age. Leadin( question - a question that suggest the answer desired of a witness.% party generally may not ask one's own witness leading questions leading questions may be ask only of hostile witnesses and on cross-examination. Le(al custod' - right and responsibility to make the decisions regarding the health education and welfare of a child!person. Liable - responsible or answerable for some action. Liti(ation - a case controversy or lawsuit. Mal"easance - the commission of an unlawful wrongful act; any wrongful conduct that affects interrupts or interferes with the performance of official duties. Mal&actice - improper or unethical conduct by the holder of a professional or official position. Mass mude - a murder incident in which several victims are killed simultaneously or within a relatively short period of time in the same general area. Mianda %anin( - requirements that police tells a suspect in their custody of his!her constitutional right before they questions him."esult of the 0iranda vs. %ri&ona ruling.5aw enforcement procedure that forewarns suspects of their right to remain silent when in police custody.6iolation of this right makes the suspect's confession inadmissible in evidence. Misdemeano - criminal offenses considered less serious than felonies.0isdemeanor are generally punishable by fine or a limited local jail term in the local jail. Mistial - a trial that is terminated before its normal conclusion and declared invalid prior to judgment. Miti(atin( cicumstance - factors such as age mental capacity motivation or duress which lessens the degree of guilt in a criminal offense and thus the nature of the punishment. M1na(#ten ule - the test applied for the defense of insanity.7nder this test an accused is not criminally responsible if suffering from a mental disease or defect at the time of committing the act and not

understanding the nature and quality of the act or that what was done was wrong. Moot - is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Motion - an application for a rule or order made to a court or judge.%n application to the court requesting an order or a rule in favor of the applicant. Ob!ection - the process by which one party takes exception to some statement or procedure.%n objection is either sustained or overruled by the judge.#f the judge overrules the objection the witness may answer the question.#f the judge sustain the objection the witness may not answer the question. Omnibus #eain( - hearing held in criminal court to dispose of appropriate issues such as whether evidence is admissible before trial so as to ensure a fair and expeditious trial and avoid a multiplicity of court appearances. O&enin( statements - not part of the evidence these orations made by the lawyers on each side gives an overview of the evidence that will be presented during the trial. O&inion - conclusion reported by a witness who qualified as an expert on a given subject. Ode - any written directive of a court or judge other than a judgment. Ode to s#o% cause - order to appear in court and present reasons why a particular order should not be executed. O$eule - judge's decision not to allow an objection.Decision by a higher court finding that a lower court Padon - a form of executive clemency removing or extinguishing criminal convictions. P#'sical e$idence - any tangible article that tends to prove or disprove a point in question. Plain $ie% - an exception to the requirement for a search warrant %#en t#ee is an e$idence o" a cime in &lain $ie% b' a &eson %#o sees it la%"ull'2 Plainti"" ) t#e com&lainin( &at' in liti(ation2 Plea - in a criminal proceeding it is the defendant's declaration in open court that he or she is guilty or not guilty.1he defendant's answer to the charges made in the information. Plea ba(ainin( - the process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Pelimina' #eain( - in criminal law the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to warrant holding him or her for trial. Pe&ondeance o" e$idence - the standard for a judgment in a civil suit the evidence for one side outweighs that of the other even a slight margin. Pesum&tion - an inference resulting from a rule of law or the proven existence of a fact that requires such rule or action to be established in the action. Pe)tial con"eence - a meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit agree on what will be presented at the trial and make a final effort to settle the case without trial. Pima "acie e$idence - evidence that in the judgment of the law is good and sufficient to establish a given fact or a chain of facts making up a party's claim or defense.#f such evidence is unexplained or uncontradicted it is sufficient to obtain a favorable judgment for the issue it supports may be contradicted by other evidence. Pobable cause - a reasonable ground for suspicion supported by the circumstances sufficiently strong to justify the issuance of a search warrant or to make an arrest."easonable ground for believing that a crime has been committed or that the person committed the crime. Posecuto - a trial lawyer representing the government in a criminal case. Potecti$e custod' - the confinement or guardianship of an individual by law enforcement with the objective of preventing an assault or other crimes against him!her. Public de"ende - *ex.8%9+government lawyer who provides free legal defense services to a poor person

accused of crime. Putati$e "at#e - a man accused but not proven to be the biological father of an offspring. 3uid &o 3uo - something for something as in making a deal *ex.plea bargaining+ Ra&e - sexual intercourse between a man and a woman without the women's consent. Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained by a reasonable or prudent person."easonable doubt requires acquittal. Reasonable sus&icion - a term referring to police officer's justification for stopping and frisking a person.% mere hunch is not a reasonable suspicion. Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the adverse party. Recess - an adjournment of a trial or a hearing that is temporary and occurs after the commencement of the trial.#f there is going to be a substantial delay it is called continuance.% temporary dismissal is called sine die. Recod - document that furnishes objective evidence of activities performed or results achieved. Recoss - to cross-examine a witness a second time after redirect examination. Re)diect e-amination - opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination. Rediect questionin( - questioning by the original attorney that follows the opposing counsel's crossexamination. Release on eco(ni,ance - a court order releasing a defendant from custody on the defendant's written promise to appear in court when the defendant's case is scheduled for hearing trial or other proceeding.% defendant who is released on recogni&ance is not required to deposit money or other property with the court in order to be released. Res (estae - all of the things done or words spoken in the course of the transaction or event;% record of what was said or done in the first moments of an investigation. Rest - a party is said o have rest its case when it has presented all of the evidence in intends to offer. Robbe' - felonious taking of another's property from his person or immediate presence and against his will by means of force or fear. Rules o" e$idence - standards governing whether evidence in a civil or criminal case is admissible. Seac# and sei,ue - the body of law that covers the issue of examining a persons property with the intention of finding evidence not in plain view *search+ and taking possession of that property against the will of its owner or possessor *sei&ure+ Sentence - a court's determination of the punishment to be inflicted on a person convicted of a crime. Sentencin( - last stage of criminal prosecution in which a convicted defendant is imprisoned fined ordered to pay restitution or granted a conditional release from custody. Sequestation o" %itnesses - also called separation of witnesses prevents a witness from being influenced by the testimony of a prior witness. Statute o" limitation - the time within which a lawsuit must be brought ot the time within which evidence must be analy&ed. Sti&ulation - an agreement by both sides of a case about some aspect of a lawsuit or criminal trial. Sub&oena - a written command summoning a specific individual to appear in court under penalty for failure to do so. Sub&oena duces tecum - a court order commanding a witness to bring certain documents or records to court. Subo(ation - substituting one creditor for another. Summa' !ud(ment - decision made by a trial court based on written documentation submitted before any trials occur.

Summons - a notice to the defendant that he!she has been sued and is required to appear in court. Su&&ession #eain( - a hearing before a judge in which one of the attorney's argues that certain evidence should not be admitted at trial. Tem&oa' estainin( ode - *1"9+ a judge's order forbidding certain actions until a full hearing can be heard. Testimon' - evidence given by a witness under oath. does not include evidence from documents and other physical evidence. Tial - judicial examination and determination of issues of law and fact disputed by parties to lawsuit. Tial cout - local court that initially hears all cases in dispute. 4alidation - confirmation by examination and provision of objective evidence that the particular requirements for a specific intended use are fulfilled. 4enue - synonymous with the place of trial. 5anton - characteri&ed by reckless disregard of consequences and the safety and welfare of others. 5aant - a court order authori&ing law enforcement officers to make an arrest or conduct a search. 5aant o" Aest - an order issued by a judge for the arrest of a person. 5itness - one who testifies to what he!she has seen heard or otherwise experienced. 5it - a mandatory precept issued by an authority in the name of the sovereign or the state for the purpose of compelling a person to do something.