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Last updated 3:16 PM on 10/13/22
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42 Terms

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simple assault
An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
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accessory/accomplice
An accomplice differs from an accessory in that an accomplice is present at the actual crime and could be prosecuted even if the main criminal (the principal) is not charged or convicted. An accessory is generally not present at the actual crime and may be subject to lesser penalties than an accomplice or principal.
One helps before or after (accessory), and the other helps during the crime (accomplice).
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alibi
A defense claim that the accused was somewhere else at the time a crime was committed. For example, they couldn't have committed the crime because they were at the movies and can show their receipt.
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Arraignment
When a person that is accused of committing a crime is taken to court, told about the charges, and asked to plead "guilty" or "not guilty." This is their first appearance in a case.
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acquittal
A criminal verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.
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aggravated assault
An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
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arrest warrant
A warrant stated by a policeman (and signed by a judge) after the police have gathered evidence against someone for a crime
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bench warrant
A warrant started by a judge (and sent to police) after someone has violated a court order, such as paying child support
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arson
Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
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bail
The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.
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beyond reasonable doubt
The standard in a case requires that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. The standard of proof does not require that the state establishes absolute certainty by eliminating all doubt, but it does require that the evidence be so strong that all reasonable doubts are removed from the mind of the ordinary person.
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bias crime
A criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offender's bias against a race, religion, disability, sexual orientation, or ethnicity/national origin; also known as a hate crime.
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bill of particulars
A statement of the details of the charges made against the defendant
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bond
A legal paper that you buy from a bondsman and give to the court instead of bail. The defendant signs it and is let go. If they don't come to court when they're supposed to, they must pay the amount of money on the bail bond.
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battery
A beating, or wrongful physical violence. The actual threat to use force is an "assault;" the use of it is a battery, which usually includes an assault.
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book/booking
What the police do when they arrest someone. includes taking fingerprints, photographs, and writing down personal information about the person
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capital case
A criminal case where the defendant can get the death penalty
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clemency
An act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. Sometimes known as commutation or pardon.
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commitment order
A court order that says a person must be kept in custody, usually in a jail or mental institution
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competence order
An order from a superior court that says a defendant is mentally able to go to trial. Tells the trial court to go ahead with the criminal case. This means they cannot use the insanity plea as their defense
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commutation
The reduction of a sentence, as from death to life imprisonment
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count
An allegation in an indictment or information, charging a defendant with a crime. an indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count.
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court-appointed attorney
An attorney appointed by the court to represent a defendant, usually with respect to criminal charges and without the defendant having to pay for the representation.
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defendant
In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime
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disorderly conduct
A crime which has behavior that tends to disturb the public peace or decorum, scandalize the community, or shock the public sense of morality
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due process of law
The constitutional right of all Americans to receive the guarantees and safeguards of the law and judicial process, including adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial injury, and to confront and secure witnesses.
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elements of a crime
The factors that the prosecution must prove occurred to qualify for "beyond a reasonable doubt" status: (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors
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embezzlement
The crime of stealing or investing money or property that was entrusted to you by a trusting individual
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entrapment
The act of inducing a person to commit a crime so that a criminal charge will be brought against him
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exclusionary rule
The rule preventing illegally obtained evidence to be used in any trial
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exculpatory evidence
Evidence indicating that a defendant did not commit the crime
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expungement
The process by which the record of a criminal conviction is destroyed or sealed
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extradition
The surrender of an accused criminal by one state to the jurisdiction of another.
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forgery and counterfeiting
The altering, copying, or imitating of something without authority or right, with the intent to deceive or defraud by passing the copy or thing altered or imitated as that which is original or genuine; or the selling, buying, or possession of an altered, copied, or imitated thing with the intent to deceive or defraud
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guilty plea
When someone admits, out loud or in writing, that they committed a certain crime. This can result in a lower sentence.
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habeus corpus
Latin, meaning "you have the body." A writ of habeus corpus generally is a judge's order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judgement receives petitions for a writ pf habeus corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.
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hate crime
A criminal offense committed against a person, property, or society which is motivated, in whole or in part, by the offender's bias against a race, religion, disability, sexual orientation, or ethnicity by the state or federal government.
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home confinement
A special condition the court imposes requires an individual to remain at home expect for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment- a transmitter attached to the wrist or ankle- to help ensure that the person stays at home as required. This is also known as "house arrest."
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immunity
Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence
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impeachment
The process of calling a witness' testimony into doubt. for example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be "impeached," OR
the constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government, who are then tried by the senate
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incarceration
imprisonment in a jail or prison
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incriminate
To make yourself or another person look guilty for criminal actions. This can be in terms of things you say, the way you act, or evidence found on you or at the crime scene.