Criminal Jurisprudence Definition of Terms Caveat - a warning; a note of caution.

Certification - procedure by which a certifying body formally recogn

Abandonment - a parent or guardian leaving a child without adequate supervision for the child's needs for an excessive period.
Chambers - a judge's private office.
Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven guilty beyond reasonable doubt of the crime charg
Child abuse - act of commission that is not accidental and that harm
Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong or protection of a right.
Child neglect - failure of a parent or other person legally responsible
Actus reus - proof that a criminal act has occurred.
Circumstantial evidence - that evidence that only suggests an asso
Adjudicated - settled in a court of law.
Civil commitment - the legal proceeding by which a person who is m
Adjudicated father - man determined by the court to be the father usually through a court action and genetic testing.
Closing argument - also known as final argument, attorney's final s
Adjudication - giving or pronouncing a judgment or decree; also the judgment given. Decision made by a court or administrative agency w
Common law - body of law based on judicial decisions (precedents o
Administrative documentation - records such as case-related conversations, evidence receipts, description of evidence packaging and sea
Competency - possession of characteristics that qualify a witness to
Administrative review - an evaluation of the case report and supporting documentation for consistency
Complainant - the party who complain or sues, one who applies to t
Admissible - evidence that can be legally and properly introduced
Concur - to agree with the judgment of another. When one court con
Adoption - legal proceeding in which an adult takes as his/her lawful child an individual usually a minor who is not the adoptive parents or
Concurrent sentence - sentences for more than one violation that a
Adversary system - trial methods in which opposing parties are given full opportunity to present and establish their evidence and to test b
Confession - an oral or written statement acknowledging guilt.
Affidavit - a sworn statement by a witness.
Consent search - exception to the requirement for a search warrant
Affirmative defense - without denying the charge, defendant raises extenuating or mitigating circumstance such as insanity, self-defense,
Conspiracy - a combination of two or more person whose purpose is
Affirmed - in the practice of the appellate court, the word means that the decree or order at issue is declared valid and will stand as render
Contempt of court - willful disobedience of a judge's command or o
Amicus curiae - friend of the court, a person who petitions the court for permission to provide information to the court on a matter of law t
Continuance - court order that postpones legal action, such as a cou
Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher court. Request to a higher court to change th
Conviction - a judgment of guilt against a criminal defendant.
Arraignment - in a criminal case, the proceeding in which an accused person is brought before a judge to hear the charges filed against him
Corpus delicti - the proof that a crime has been committed, consisti
- Body of the crime.
Arrest - process of taking a person into custody.
Court martial - military tribunal that has jurisdiction over offenses a
Assault - intentional display of force that would give the victim reason to fear or expect immediate bodily harm.
Court order - directive issued by the court, and is enforceable as law
Attest - to bear witness; to affirm as true or genuine.
Court of Appeals - a court that hears an appeal after a trial court ha
Attorney-at-law - an officer in a court of justice who is employed by a party in a case to manage it for him.
Criminal prosecution - process that begins with the filing of charge
Bail - money or security given to secure a person's release from custody which is at risk
Cross-examination - the questioning of a witness produced by the
Bail bond - the obligation signed by the accused to secure his/her presence at the trial which he/she may lose by not properly appearing fo
Custody hearing - legal process, usually in family and juvenile cour
Bailiff - a court attendant who keeps order in the court room.
Damages - money awarded by a court to a person injured by the un
Bar - the term means the whole body of lawyer's. Historically, the partition separating the general public from the space occupied by the jud
Dauber test - a standard for determining the reliability of scientific e
Battered woman syndrome - a collection of symptoms that are manifest in women who have suffered prolonged and extensive abuse from
Decision - the judgment reached or given by a court of law.
Beyond reasonable doubt - the standard in a criminal case requiring that court be satisfied to a moral certainty that every element of a cr
Default judgment - a decision of the court against the defendant be
Bill of Particulars - a statement used to inform the defense of the specific occurrences intended to be investigated in trial and to limit the c
Defendant - in a civil case, the person being sued. In a criminal case
Booking - the process of photographing, fingerprinting, and recording identifying data of a suspect following arrest.
Deposition - oral or written testimony under oath but outside the c
Brief - 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.
Detention - temporary confinement of a person by a public authority
Brutalization - the proposition that the use of capital punishment actually increases the crime rate by sending a message that it is acceptab
Capital crime - a crime punishable by death.
Diminished capacity - a variation of the insanity defense that is ap
Case law - law created as a by-product of a court decisions made in resolving unique disputes as distinguished from statutory law.
Direct evidence - proof of facts by witnesses who saw acts done or
Case records - all notes, reports, custody, records, charts, analytical data, and correspondence generated pertaining to a particular case.
Direct examination - the first questioning of witnesses by the party
Direct questions - queries that are phrased in a positive and confident manner, are stated clearly and address the topic in a forthright man
Judgement, default - default judgment is rendered because of the
Discovery - a pre-trial procedure by which one party can obtain vital facts and information material to the case to assist in preparation for t
Judgement, summary - summary judgment is given on the basis o
Dismissal - action by the court that removes the court's jurisdiction over a given case.
Judicial review - authority of a court to review the official actions o
Diversion - the process of removing some minor criminal, traffic or juvenile cases from the full judicial process on the condition that the acc
Jurisdiction - the nature and scope of a court's authority to hear or
Docket - a list of cases to be heard by the court.
Justice - fairness, providing outcomes to each party in line with wha
Double jeopardy - putting a person on trial more than once for the same crime.
Juvenile - characteristic of youth, youth means under 18 years of ag
Dying declaration - a statement made just prior to death with the knowledge of impending death. Also, called ante-Morten statement.
Juvenile court - a court which decides criminal charges brought aga
Element of a crime - specific factors that define a crime, every element of which the prosecution must prove beyond a reasonable doubt in
Leading question - a question that suggest the answer desired of a
Entrapment - an act by enforcement agencies that lures an individual into committing a crime not otherwise contemplated for the purpose
Legal custody - right and responsibility to make the decisions regar
Evidentiary standards - guidelines used in examining evidence to determine whether it has been legally collected and whether it is factual
Liable - responsible or answerable for some action.
Ex-parte order - an order issued by a judge on its own.
Litigation - a case, controversy, or lawsuit.
Exclusionary rule - the rules that defines whether evidence is admissible
Malfeasance - the commission of an unlawful, wrongful act; any wro
Exigent circumstances - exception to the requirement for a search warrant
Malpractice
when there
- improper
is no time
or unethical
to get a conduct
warrant by
andthe
failure
holder
to of
search
a profe
w

Expert testimony - statements given to the court by witnesses with special

Mass skills
murder
or knowledge
- a murderinincident
some arts,
in which
science,
several
profession,
victims are
or technic
killed

Expert witness - a legal term used to describe a witness who by reason

Miranda
of his/her
warning
special-technical
requirements
training
thatorpolice
experience
tells a is
suspect
permitted
in their
to e

Expunge - to strike out, obliterate, or mark for deletion from the court Misdemeanor
record. - criminal offenses considered less serious than feloni
Extradition - the process by which one state surrenders to another state a person accused or convicted of a crime in the other state.
Mistrial - a trial that is terminated before its normal conclusion and
Felony - a crime of a graver nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for more than a year or a su
Mitigating circumstance - factors such as age, mental capacity, mo
Fence - a person in the business of buying stolen goods, usually for resale; to buy or sale stolen goods.
M'naghten rule - the test applied for the defense of insanity. Under
Fraud - an intentional misrepresentation or deception employed to deprive another of property or a legal right or to otherwise do them harm
Moot - is one not subject to a judicial determination because it involv
Frye standard - a set of standards set by the court of appeals of the district of Columbia in 1923 in
Motion - an application for a rule or order, made to a court or judge.
Frye test - a test emphasizing that the subject of an expert witness's testimony must conform to a generally accepted explanatory theory.
Objection - the process by which one party takes exception to some
Gag order - a trial judge's order to attorney's and witnesses not to talk to the press about the case.
Omnibus hearing - hearing held in criminal court to dispose of appr
Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are entitled to the same due process rights as adults the r
Opening statements - not part of the evidence, these orations mad
Habeas corpus - a writ that commands that a person be brought before a judge. A writ of habeas corpus is a legal document that forces la
Opinion - conclusion reported by a witness who qualified as an expe
Hearing - judicial or legal examination of the issues of law and fact between the parties.
Order - any written directive of a court or judge other than a judgme
Hearsay - a statement made during a trial or hearing that is not based on the personal, firsthand knowledge of the witness. Statement mad
Order to show cause - order to appear in court and present reason
Hearsay rule - the regulation making a witness's statement inadmissible if it is not based on personal knowledge unless it falls within certa
Overrule - judge's decision not to allow an objection. Decision by a
Holographic document - any document completely written and signed by one person. A holographic may be probated without anyone hav
Pardon - a form of executive clemency removing or extinguishing cr
Hostile witness - a witness whose testimony is not favorable to the party who calls him or her as witness.
Physical evidence - any tangible article that tends to prove or dispr
Immunity - grant by the court in which someone will not face prosecution in return for providing criminal evidence.
Plain view - an exception to the requirement for a search warrant, w
Inadmissible evidence - the testimony/evidence that the judge rules as not proper and hence instructs its disregard.
Plaintiff - the complaining party in litigation.
Incompetency - lacking the physical, intellectual, or moral capacity or qualification to perform a required duty.
Plea - in a criminal proceeding, it is the defendant's declaration in op
Indeterminate sentence - a sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by sta
Plea bargaining - the process through which an accused person and
Infraction - a violation of law not punishable by imprisonment. Minor traffic offenses are generally considered infractions.
Preliminary hearing - in criminal law, the hearing at which a judge
Injunction - a preventive measure by which a court orders a party to refrain from doing a particular act. A preliminary injunction is granted
Preponderance of evidence - the standard for a judgment in a civi
Interrogatories - set of specialized questions sent by one attorney to another concerning requested information of their respective clients r
Judgement - the final disposition of a case. Presumption - an inference resulting from a rule of law or the prove
Pre-trial conference - a meeting between the judge and the lawyers involved
Sentencein -a alawsuit
court'stodetermination
narrow the issues
of theinpunishment
the suit, agree
to be
oninflicted
what w

Prima facie evidence - evidence that, in the judgment of the law, is good
Sentencing
and sufficient
- last to
stage
establish
of criminal
a given
prosecution
fact or a chain
in which
of facts
a convicted
making

Probable cause - a reasonable ground for suspicion, supported by theSequestration

circumstances sufficiently
of witnessesstrong
- also
to justify
called the
separation
issuance
ofof
witnesses,
a search w
p

Prosecutor - a trial lawyer representing the government in a criminal case.

Statute of limitation - the time within which a lawsuit must be brou

Protective custody - the confinement or guardianship of an individualStipulation

by law enforcement
- an agreement
with theby
objective
both sides
of preventing
of a case about
an assault
some or
aspe
ot

Public defender - (ex. PAO)government lawyer who provides free legal

Subpoena
defense services
- a written
to a command
poor person
summoning
accused of
a crime.
specific individual to a

Putative father - a man accused but not proven to be the biological fatherSubpoena
of an offspring.
duces tecum - a court order commanding a witness to b
Quid pro Quo - something for something, as in making a deal (ex. plea bargaining)
Subrogation - substituting one creditor for another.
Rape - sexual intercourse between a man and a woman without the women's consent.
Summary judgment - decision made by a trial court based on writ
Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained by a reasonable or prudent person. Reasona
Summons - a notice to the defendant that he/she has been sued an
Reasonable suspicion - a term referring to police officer's justification for stopping
Suppression hearing - a hearing before a judge, in which one of th
Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the adverse party.
Temporary restraining order - (TRO) a judge's order forbidding ce
Recess - an adjournment of a trial or a hearing that is temporary and occurs after the commencement of the trial. If there is going to be a s
Testimony - evidence given by a witness under oath. does not includ
Record - document that furnishes objective evidence of activities performed or results achieved.
Trial - judicial examination and determination of issues of law and fa
Recross - to cross-examine a witness a second time after redirect examination.
Trial court - local court that initially hears all cases in dispute.
Re-direct examination - opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination.
Validation - confirmation by examination and provision of objective
Redirect questioning - questioning by the original attorney that follows the opposing counsel's cross-examination.
Venue - synonymous with the place of trial.
Release on recognizance - a court order releasing a defendant from custody on the defendant's written promise to appear in court when t
Wanton - characterized by reckless disregard of consequences and t
Res gestae - all of the things done or words spoken in the course of the transaction or event; A record of what was said or done in the first
Warrant - a court order authorizing law enforcement officers to mak
Rest - a party is said to have rest its case when it has presented all of the evidence in intends to offer.
Warrant of Arrest - an order issued by a judge for the arrest of a p
Robbery - felonious taking of another's property from his person or immediate presence and against his will by means of force or fear.
Witness - one who testifies to what he/she has seen, heard, or othe
Rules of evidence - standards governing whether evidence in a civil or criminal case is admissible.
Writ - a mandatory precept issued by an authority in the name of th
Search and seizure - the body of law that covers the issue of examining a persons property with the intention of finding evidence not in pl