You and the Law - Criminal Law Part 1 Terms

Indict/Indictement

a formal charge of a crime

Bench Trial

a trial without a jury where the judge makes all the rulings, deciding both the facts and the law

1st degree murder

a willful, deliberate, and premeditated act of killing another person

1st degree murder sentencing

life imprisonment without parole

2nd degree murder

any murder that isn't premeditated

2nd degree murder sentencing

life imprisonment with parole

Mandatory sentence

a minimum punishment that must be imposed for certain crimes, such as drug trafficking or violent offenses, as required by law

District Attorney/Assistant D.A.

1. a public official who acts as prosecutor for the state or the federal government in court in a particular district.

Plea Bargain

an arrangement between prosecutor and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges.

Bail

the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court.

Arraignment

an act or instance of bringing someone before a criminal court to hear an indictment, or formal charge, against them and to enter a plea in response to that charge.

Motion to dismiss

a formal request made by a party in a lawsuit, usually the defendant, asking the court to end the case or one or more claims because there is no legal basis for them to proceed. (ie:- lack of jurisdiction)

Motion to suppress

a request made by the defense in a criminal case to exclude evidence from trial, arguing it was obtained illegally or unconstitutionally

Entrapment

the action of tricking someone into committing a crime in order to secure their prosecution.

Self-Defense

committing an act because you believed you were in danger

Alibi

evidence of being somewhere else or with someone else at the time of the crime

Insanity

The accused was not able to discern right from wrong

Dismissal

the termination of a legal case or proceeding by a court.

D.A. drop charges

the prosecutor has decided not to proceed with the criminal case before a trial

Pre-trial diversion

a program that allows a defendant accused of certain crimes to temporarily avoid prosecution by completing a program of rehabilitation

Mental health commitment

an individual is involuntarily admitted to a treatment facility, against their will, due to a mental illness that makes them a danger to themselves or others, or unable to provide for their basic needs

felony

a serious crime punishable by death or imprisonment for more than one year, typically in a state or federal prison

misdemeanor

typically punishable by a fine, probation, or imprisonment for up to one year in a local jail, but not a state prison

two types of arrests

arrests with a warrant, arrests without a warrant (needs probable cause)