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Legal Terminology
| Term | Definition |
|---|---|
| capital murder | term applied to when 1st degree murder is charged in states with the death penalty |
| battery | unlawful physical violence and/or physical touching against another |
| assault | attempted or threatened physical harm, due to some physical action that causes the victim to reasonably fear that the harm will occur |
| fruit of the poisonous tree | a rule in criminal law that makes evidence that was derived from an illegal search, arrest or interrogation inadmissible. |
| exonerate | to clear from accusation or blame; legally, to reverse a previous conviction for a crime |
| Exculpatory evidence | evidence favorable to the defendant in a trial that proves or supports the idea that the defendant is not guilty; opposite of incriminating evidence |
| indictment | This occurs when a grand jury is presented with evidence and decides to make a formal accusation of a crime in court; this usually only happens for higher level felonies. |
| malice | ill will; intent to harm |
| Mens rea | the mindset of the defendant at the time of the crime; means “guilty mind” |
| warrant | a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice. |
| Grand Jury | A group of people who are presented with evidence that a suspect is guilty; it is their job to determine if there is enough probable cause to formally indict them for the crime |
| manslaughter | A category of criminal homicide -- the unlawful killing of a human being without malice (bad intentions) |
| murder | A category of criminal homicide -- unlawful killing of a human being with malice (bad intentions) |
| sentence | the term of imprisonment or probation imposed on a convicted defendant for criminal wrongdoing |
| hung jury | This happens when a unanimous decision is not made and the entire court process can be done over, if the prosecution chooses (also called a mistrial) |
| the prosecution | This legal team’s job is to present evidence to prove the defendant guilty or get them to agree to a plea bargain |
| the defense | This legal team’s job is to present evidence to maintain the defendant’s innocence |
| Double jeopardy | The rule that says if a defendant is acquitted, they can not be prosecuted again with the same exact facts |
| plea | the defendant’s declaration in court whether they are guilty or not guilty |
| plea bargain | defendant admits guilt and lawyers negotiate a deal, usually including a lighter sentence in exchange for their admitting guilt |
| aquittal | Term for when the jury does not feel the prosecution met the standard of beyond a reasonable doubt, and they find the defendant not guilty |
| criminal homicide | The general category encompassing purposeful, knowing, reckless or negligent killing of another human being |
| involuntary manslaughter | A category of manslaughter -- unintentional death while committing a reckless and/or unlawful act |
| voluntary manslaughter | A category of manslaughter -- killing associated with a sudden fit of rage or passion |
| justifiable homicide | usually self-defense, or the killing of a person in the act of sworn duties |
| 1st degree murder | A category of murder -- an intentional, deliberate killing that was premeditated (planned) |
| 2nd degree murder | A category of murder -- killing of a person during another crime such as arson, robbery, etc |
| 3rd degree murder | A category of murder -- all other kinds of murder |
| aggravated assault | attempted or threatened physical harm that includes use of a deadly weapon |
| motive | the reason, the impulse, the desire that induces criminal action on the part of the accused |
| hearsay | the report of another person's words by a witness, which is usually disallowed as evidence in a court of law. |
| probable cause | sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. |
| testimony | a formal written or spoken statement, especially one given in a court of law. |
| Modus operandi | a method of operation or pattern of criminal behavior so distinctive that separate crimes or wrongful conduct are recognized as the work of the same person |
| No contest | a plea by which a defendant in a criminal prosecution accepts conviction but does not plead or admit guilt. |
| conspiracy | an agreement between two or more people to commit an illegal act, along with an intent to achieve the agreement's goal |
| charge | This occurs when a prosecutor (like the district attorney) reviews the evidence and decides to make a formal accusation of a crime in court; this usually happens for lower level felonies and misdemeanors. |
| Civil | this describes cases in which private citizens (or companies) sue each other in court |
| conviction | a formal declaration that someone is guilty of a criminal offense, made by the verdict of a jury or the decision of a judge |
| felony | a crime punishable by imprisonment of at least 1 year or by the death penalty; a serious crime that often involves violence |
| misdemeanor | a crime punishable by fine or a short prison term; a less serious crime such as shoplifting, vandalism, trespassing, some drug offenses |
Created by:
Tdavenport
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