Criminal Law

Appeal

A proceeding in which a case is brought before a higher court for review of a lower court's judgement for the purpose of convincing the higher court that the lower court's judgement was incorrect.

Actus Reus

Derived from Latin and literally meaning "guilty deed." The wrongful act that makes up the physical action of a crime.

Nolo Contendere

From Latin and literally meaning "I will not contest it." This is a defendant's plea of "no contest" in a criminal case and means that he or she does not directly admit guilt but submits to sentencing or other punishment.

Pro se

On one's behalf: without an attorney

Culpable

Blamable; at fault; a person who has done a wrongful act (whether civil or criminal) is this.

Felony

A crime usually punishable by more than one year in jail and/or a significant fine.

Misdemeanor

A minor crime usually punishable by less than one year in jail and/or a small fine.

Malice

The intention or desire to cause harm (as death, bodily injury, or property damage) to another through an unlawful or wrongful act without justification or excuse.

Habeas Corpus

Any of several writs originating at common law that are issued to bring a party before the court. From Latin, literally meaning "you should have the body.

Prosecutor

A government attorney who presents the state's case against the defendant in a criminal prosecution.

Plea Bargain

The negotiation of an agreement between the prosecution and the defense whereby the defendant pleads guilty to a lesser offense or to one or some of multiple offenses usually in exchange for more lenient sentencing recommendations, a specific sentence, or

Beyond a Reasonable Doubt

The burden of proof in a criminal case. As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant.

Finding

A decision by a judge, jury, or hearing examiner about a question of fact; a decision about evidence.

Crime

Conduct or action that is prohibited and has a specific punishment (as incarceration or fine) prescribed by public law.

Expert Witness

A person who by virtue of special knowledge, skill, training, or experience is qualified to provide testimony to aid the fact-finder in matters that exceed the common knowledge of ordinary people.

Government

The prosecution in a criminal case in its capacity as agents of the political unit.

Probable Cause

A reasonable suspicion, provable by facts, that a crime has been committed. It does not depend on what the official find out after an arrest or search is made, but on what the official knew before taking action.

Change of Venue

A procedure allowing for the transfer of a case by a court to another court where the case could have been properly brought and which would be more convenient for the parties and witnesses and would better serve the interests of justice.

Statute of Limitations

A law establishing the period of time within which an offense can be punished after its commission.

Arraignment

The first appearance in court of a person formally charged with committing a crime.

Sentencing

A set of rules for computing punishment that is promulgated by a commission on sentencing and that typically provides classifications (as of offenses or offenders), scales (as of severity of crimes), and suggested punishments.

Mens Rea

Derived from Latin and literally meaning "guilty mind." A culpable mental state, and one involving intent or knowledge and forming an element of a criminal offense.

Preliminary Hearing

A proceeding of relative formality at which evidence and arguments may be presented on the matter at issue to be decided by a person or body having decision-making authority.

Subpoena

A writ commanding a designated person upon whom it has been served to appear (as in court of before a congressional committee) under a penalty (as a charge of contempt) for failure to comply).

Defendant

The party against whom a criminal or civil action is brought.

Probation

The suspension of all or part of a sentence and its replacement by freedom subject to specific conditions and the supervision of an officer of the court.

Presumption of Innocence

All people accused of a crime are "thought to be this" until they are convicted, either in a trial or as a result of pleading guilty. This inference means not only that the prosecutor must convince the jury of the defendant's guilt, but also that the defe