CRMJ 352 - Glossary

Acquittal

the result of a criminal trial in which the defendant is found innocent of the crime with which he was charged

Arraignment

a process by which a defendant appears before a judicial officer IOT answer (to plead guilty or not guilty) to the charge that has been lodged against him

Bound Over

a decision by a magistrate, at the conclusion of a preliminary hearing on a felony charge, that there is sufficient evidence against a defendant to refer the matter to a grand jury or, if none is used, to a court of general jurisdiction for a determinatio

Conviction

a formal determination by a judge or jury that a person is guilty of a crime, including a plea of guilty by the defendant that is accepted by a judge

Defendant

a person charged with a crime

Discretion

the power of individual judgement by criminal justice officials, w/in general legal bounds, to select one of several possible courses of action for dealing with an offender

Disposition

the final outcome of a case

Exclusionary Rule

a rule that disallows the use of evidence in the trial of a case that was obtained in violation of the defendant's constitutional rights

Felony

a crime designated by the legislature to be sufficiently serious to warrant upon conviction, confinement in a penitentiary for at least one year

Grand Jury

a group of juror, more than 12 in # (usually 23), whose duty is to receive complaints and accusations of crimes, to hear evidence of such crimes, and to determine whether that evidence is sufficient to warrant a formal charge and trial of the alleged perp

Immunity From Prosecution

a procedure under which the prosecutor waives his right to prosecute a person for a crime so as to encourage or to compel that person's testimony against other criminal defendants, usually the witness's co-defendants

Indictment

a written accusation presented by a grand jury, charging a person with a crime, normally a felony

Information

a written accusation presented by a prosecuting official charing a person with a crime

Misdemeanor

a crime designed by the legislature to be less serious than a felony and upon conviction, to be punishable by confinement, usually in a local jail, for less than one year, or by a fine, or both

Petit Jury

a group of 6 - 12 adult persons impaneled and sworn in a court to determine the issue or facts in a civil or criminal proceeding according to the law and the evidence as given in the court

Preliminary Hearing

a judicial procedure used in felony cases by which the judge, after receiving evidence presented by the state, decided whether there is justification to prosecute the case further and, if so, to order the defendant bound over to a grand jury or to a trial

Restitution

payment or compensation to the victim of the crime by the perpetrator thereof so that the victim will at least be saved financially harmless from the wrongdoing

Self-Incrimination

an oral statement by a person that establishes or helps to establish his complicity in a crime

Subpeona

a court order requiring a person to appear in court as a witness in a criminal trial

True Bill

a decision by the grand jury, normally by a majority vote, that there is enough evidence to charge a crime and which, when reduced to a formal charge is called an indictment

Waive

voluntarily to give up a privilege or a right

Bond

giving security for appearance in court or at a trial.
- Forms: personal bond, personal recognizance, verbal or written assent of an accused
- Surety Bond: a written instrument of an accused or a bail bondsman, backed by cash or property for the amount of

Classification

study of prison by custodial, social work, psychological and/or psychiatric personnel to form an opinion of the level of prison programs to require for the benefit of the prisoner's improvement and the protection of society

Commutation

reduction of a sentence by the Governor of a state or the President of the US either from a death sentence to life or to a lesser # of years

Conditions of Release

requirements for the control of a defendant's personal conduct, imposed either by a judge for a probationer or by a Board of Parole for the paroles. Some conditions are required by law and others are at the option of the officials concerned

Detainer

a warrant or other charge, filed against a person already in custody or under court control to assure that, after the person has satisfied the term of his present custody, he will be available to the authority which placed the detainer

Good Time

in most states, a prisoner serving a sentence is automatically entitled by law to an additional credit of time for each month served in prison but based on "good behavior". There is a graduated schedule for each year beyond the second or third year of pen

Expunging a Record

wiping out a record of conviction by a court process or, where permitted by law in some states, by an administrative body such as the Pardon Board, or the Parole Board. It is usually applied to first offenders w/ no previous convictions, whose offense was

Jurisdiction

authority of a criminal justice agent, usually a court, to take official exclusive jurisdiction (which means that all persons of juvenile court age must be turned over control over an accused.
- Original Jurisdiction: the court first taking official actio

Mandatory Release

the equivalent of parole supervision for the "good time" a prisoner has earned. This applies to the person who was not given a parole but served his entire sentence (less good time) and was then released. All parole conditions, including possible return t

Pardon

an act by the Governor of a state or the President of the US, at either's discretion and w/o requirement to explain his action and which wipes out a conviction or a sentence

Parole

- a conditional release into the community of a prisoner who has served some portion of his sentence. The parole is granted by a parole board and the parolee is under the supervision of a parole officer for a stated period of time not to exceed the balanc

Sentence-Definite

- A sentence w/ a stated # of years as a maximum and w/o any stated minimum
- Also called, fixed, flat, or determinate
- Indeterminate or Indefinite sentences carry a minimum and a maximum term, as fixed by the state legislature. The discretion of the jud

Adversary System

the Anglo-American system for resolving both civil and criminal disputes

Aftercare

the status or program membership of a juvenile who has been committed to a treatment or confinement facility, conditionally released from the facility, and placed in a supervisory and/or treatment program. Parole is the adult term.

Beyond a Reasonable Doubt

weight of evidence used in juvenile and criminal courts

Case Law

judicial precedent generated as a by-product of decisions which courts have made in resolving unique disputes, distinguished from statutes and constitutions

Civil Case

a judicial proceeding to enforce a private right or to obtain compensation for its violation;distinguished from a criminal case

Death Warrant

a written order (warrant) issued by the legal authorized executive official (usually the governor), setting the place and time for executing one sentenced to death by the court

Executive Clemency

authority and power given to certain executive authorities, such as a governor or president, to set aside a court judgement of sentence

Extradition

the surrender, by one state of another, of an individual accused or convicted of an offense in the second state

Interstate Compact

an agreement between states to transfer prisoners, parolees, or probationers from the physical or supervisory custody of one state to that of another, where the correctional agency that first acquired jurisdiction over a person usually retains the legal a

Recidivism

the repetition of criminal behavior

Nolle Prosequi (Nol Pros)

prosecutor's decision not to initiate or continue prosecution

Nolo Contedere

I will not contest it."
A place in a criminal case having the same legal results as a plea of guilty

Stet

an action which makes a case inactive subject to reopening should certain events occur w/in one year

Statutory Law

that body of law enacted by a legislative body