Legal Terminology - Criminal Process Flashcards
Criminal Law
A violation of criminal law is viewed as harming the community. Therefore, the state acts against the violator. Penalties for violating criminal law includes fines, community service, and imprisonment. One can be sued civilly and charged criminally for the same event.
Prosecution
The bringing of criminal charges against a defendant; also, the party presenting the Government’s case at a criminal trial.
State or Government
In a criminal case, these terms mean the prosecution
Warrant
An order from a judicial officer or the court authorizing an arrest or a search or seizure of property.
Initial Appearance
The first court appearance by a defendant to a criminal charge, during which the court informs him or her of the charges, decides whether bail is appropriate, and sets the date for the next court pleading.
Misdemeanor
A crime punishable by a sentence of incarceration of less than one year.
Felony
A crime punishable by a sentence of a year or more in prison.
Bail
Money or property deposited with the court to procure the release of a defendant and to ensure the appearance of the defendant at trial.
Bail Bond
A written agreement to pay the full bail amount to the court if the defendant fails to appear when required.
Personal Recognizance
A defendant is released without being required to post bail, on the promise that he or she will appear in court at designated times.
Assigned Counsel
An attorney who is ordered to represent a defendant, usually because the defendant cannot afford an attorney.
Counsel
Legal representative. Attorney.
Nolle Prosequi
The decision of the prosecutor not to prosecute, even though he or she believes that there is sufficient evidence to do so.
District Attorney
Prosecutor for the state.
Plead
To declare a defendant’s position in a criminal trial, usually either “guilty” or “not guilty.” Other possible pleas include “nolo contendere.”
Nolo Contendere
(No contest). When a defendant decides not to contest the charges but does not admit to guilt. The defendant may be sentenced as though he had pleaded guilty.
Plea Bargain
A defendant in a criminal case agrees to plead guilty, usually to a lesser charge, in return for a reduced sentence.
Preliminary Hearing
A hearing requiring the State to produce sufficient evidence to establish that there is probable cause to believe that a crime has been committed by the defendant.
Probable Cause
A reasonable basis to believe that a crime has been committed.
Bound Over
Submitted to; sent.
Grand Jury
An investigatory panel that determines whether probable cause exists to return an indictment.
Indictment
A formal charge by a grand jury alleging a criminal act.
Arraignment
Formal hearing in court where the defendant is informed of charges being brought and generally pleads guilty, not guilty, or nolo contendere.
Beyond a Reasonable Doubt
The degree of proof required in a criminal prosecution usually requiring unanimous agreement of the jury. The jury may have some doubt and still find the person guilty, but the doubt cannot be reasonable. If the doubt is reasonable, the verdict must be not guilty.
Acquit
To find a defendant not guilty.
Adverse Judgment
A judgment against your client.
Double Jeopardy
In a criminal case, the state cannot retry a defendant on the same charges once a not-guilty verdict is rendered by a judge or jury.
