Legal Terms Glossary

A comprehensive vocabulary set covering essential legal terms, roles, and procedures within the criminal justice system as outlined in the provided lecture glossary.

Acquittal

A decision by a judge or a jury that the person accused is not guilty of the crime for which they were tried.

Affidavit

A sworn statement primarily used to justify the issuance of an arrest warrant or a search warrant.

Allegation

In a legal setting, a claim or assertion that has yet to be proven or established as a fact.

Appeal

A request that another, higher court review the decision of a lower court. A defendant has a right to appeal his/her conviction, but the prosecution cannot appeal an acquittal.

Arraignment

An initial appearance where the defendant is advised of the charges against him/her.

Arrest Warrant

A written order from a judge or magistrate directing a law enforcement officer to take a person suspected of a crime into physical custody.

Assistant District Attorney General

An attorney for the State in criminal cases; a prosecutor.

Attachment

A warrant that is issued by a court to have someone arrested for such things as failure to appear in court or contempt of court.

Bail

An agreement to pay the court system as security for the release of a defendant from jail; often used interchangeably with "Bond". Bail can be made with cash, property or with a surety.

Bailiff

Someone employed to provide security, to keep order in the courtroom, and to do other tasks as directed by the judge.

Bench

The place in the courtroom where the judge sits; can also refer to the judge personally or to the court.

Bench Trial

A trial conducted before a judge without a jury with the judge deciding whether a defendant is guilty or not guilty.

Bench Warrant

Similar to an arrest warrant; an order issued by a judge to bring a person before his/her court.

Beyond a Reasonable Doubt

The degree of proof needed for a jury or a judge to convict a person accused of a crime.

Bind over

Refers to when a criminal charge is sent to the grand jury for further action.

Bond Forfeiture

An action by the court to collect money owed when a defendant failed to appear.

Bonded Arraignment

A court proceeding whereby a person charged with a crime who is out on bond or has been released on a misdemeanor citation is advised of the charges against him/her and is given the option to hire an attorney, to request a court-appointed attorney, or to represent himself/herself.

Booking

A procedure that includes fingerprinting and photographing designed to identify a person charged with a crime.

Burden of Proof

Level of proof required at various stages of prosecution.

Capital Case

Refers to a first-degree murder case in which the death penalty is an option, has been sought, or has been received.

Citation

A charging instrument where the person is not arrested and taken into custody, but instead, is ordered to appear in court or otherwise respond to the charge against him/her.

Citation Booking

A procedure where the defendant who is misdemeanor cited or served with a criminal summons is required to appear on a designated date and at a designated time for the booking process, which includes fingerprinting and photographing the defendant.

Cited Court

The court where state traffic citations, Knox County ordinances, and TWRA offenses are heard.

Clerk

A person employed to assist the court system by keeping its records and entering its judgments.

Concurrent Sentence

Running together; when two or more sentences are served at the same time.

Consecutive Sentence

Successive; one sentence after another; when one sentence begins at the completion of another.

Complainant

In the criminal system, a term that refers to any person who seeks assistance from the police or the legal system; someone who accuses another of a possible crime.

Continuance

A delay or postponement of a court hearing.

Conviction

A judgment of guilt in a criminal case.

Court-Appointed Attorney

An attorney who is appointed by the Court to represent indigent defendants, or those who cannot afford to hire their own attorney; often a Public Defender.

Criminal Court

One of three (3) courts in Knox County that handles both felony and misdemeanor cases to conclusion.

Criminal Summons

A charging instrument where the person is not arrested and taken into custody, but instead, must be booked and appear in court to respond to the criminal charge against him/her.

Defendant

A person who has been formally charged with a crime.

Delinquent Act

A violation of the law by a juvenile.

Discovery

A process by which both the prosecution and the defense share certain information regarding a criminal case.

Dismissal

A decision by a prosecutor or by a judge to end a case without a conviction of the defendant.

Disposition

The end of a criminal case with a conviction, an acquittal, or a dismissal.

District Attorney General

The popularly elected chief prosecutor who serves an 8-year term and is responsible for prosecuting all criminal charges in a judicial district.

Electronic Monitoring

A form of supervision where a defendant is tracked electronically while not in custody.

Exhibit

A document or item used in court as evidence.

Expungement

The process to remove a charge or charges from a public criminal record.

Evidence

Testimony of witnesses and exhibits that are offered as proof of a fact.

Felony

Any crime for which the punishment is at least one year or more.

General Sessions

A court of limited jurisdiction that can dispose of misdemeanor cases by plea, bench trial or dismissal. Can conduct preliminary hearings but cannot dispose of felony cases by plea.

Grand Jury

A body of 13 citizens that reviews criminal charges to determine whether there is probable cause to issue an indictment. Hearing is closed to the public and press.

Indictment

A criminal charge issued by a grand jury.

Indigent

The status of a criminal defendant who cannot afford to hire an attorney as determined by a judge.

Information

A criminal charge that bypasses the grand jury upon the agreement of both the prosecutor and the defense attorney.

Judicial Diversion

A type of expungeable probation for eligible offenders who plead guilty.

Jurisdiction

The legal authority of a court to make decisions and exercise judicial power over certain types of cases and within certain geographical boundaries.

Jury

In a criminal case, a group of twelve citizens who must all agree to convict or acquit a defendant at trial.

Juvenile

Someone under the age of 18.

Magistrate

A judicial officer responsible for issuing arrest warrants.

Misdemeanor

A class of crimes where the punishment cannot exceed eleven months and twenty-nine days.

Motion

A request for a decision or an action made to a judge by either side in a case.

No True Bill

A decision by a grand jury that there is not probable cause to issue an indictment.

Nolle Prosequi

A decision by a prosecutor not to pursue a criminal charge; a dismissal.

Order of Protection

A civil court order requiring a person to stay away from and/or not bother or threaten another.

Parole

A period of supervision for someone released from prison before the expiration of his/her sentence.

Preliminary Hearing

A court hearing before a general sessions judge for the purpose of determining if there is probable cause to support the criminal charge and send the case to the grand jury.

Probable Cause

The degree of proof necessary to support the issuance of an arrest warrant or search warrant or to bind a charge over to the grand jury.

Probation

A type of punishment where the defendant does not go to prison but remains free so long as he/she obeys conditions ordered by the judge.

Public Defender

A criminal defense attorney who is employed by the Public Defender's Office and who represents a defendant who is indigent and cannot hire his/her own lawyer.

Restitution

Amount of money to be paid by the defendant to the victim in order to reimburse the victim for property stolen, damages, or injuries caused at the time of the crime.

Sentencing

When the judge decides the formal legal consequences of a criminal charge, such as confinement, probation, or an alternative sentence.

Subpoena

A court order that directs a witness to appear before a judge, grand jury or other official proceeding.

Testimony

In a criminal case, a statement of a witness under oath and in open court.

True Bill

A decision by a grand jury that there is probable cause to issue an indictment charging a defendant with a crime. Twelve of the thirteen grand jurors must vote in favor.

Venue

The physical location where all or a part of a crime occurred.

Verdict

In a criminal case, a decision by a judge or jury to find a defendant guilty or not guilty.

Victim Impact Statement

An opportunity for a victim to address the judge during sentencing about the financial, emotional and physical effects that the crime has had on him/her.

Voir Dire

The question and answer process in which attorneys and the judge select jurors.

Waiver

A statement, usually in writing, by a defendant that he/she is giving up or not relying upon certain legal rights or protections.