Criminal Law Vocab - Gov't

Aquittial

When the petit jury (group of citizens) finds the defendant not guilty, the defendant will be released from custody and they cannot be charged again for the same crime (double jeopardy)

Alford plea

A type of guilty plea where the defendant maintains their innocence but admits that the prosecution has sufficient evidence to likely persuade a judge or jury to convict them.

Appeal

A legal request to a higher court to review a lower court's decision, claiming that legal errors occurred during the trial. (Not a new trial, a record of the trial)

Arraignment

The first step in a criminal proceeding where the defendant is formally charged and brought before a judge. During the arraignment, the defendant is advised of their rights and enters a plea of guilty, not guilty, or no contest.

Beyond a Reasonable Doubt

The highest standard of proof required in American law, used in criminal cases. It means the evidence must leave jurors firmly convinced of the defendant’s guilt, leaving no logical or common-sense doubt that the person committed the crime

Criminal Law

Regulates how suspects are investigated, charged, and tried, and establishing punishments for convicted offenders. It involves the government initiating action against an individual for actions deemed harmful to society.

Defendant

The person or entity (such as a corporation) accused of a crime or against whom a lawsuit is filed. In criminal cases, the government is the prosecutor, and the accused is the defendant

Felony

A serious crime generally punishable by more than one year of incarceration in a state or federal prison. Examples include murder, r@pe, burglary, and armed robbery.

Grand Jury

A group of citizens (typically 16 to 23) who hear evidence presented by a prosecutor to determine if there is probable cause to believe a person has committed a crime. If they find sufficient evidence, they issue an indictment.

Guilty plea

A formal admission of guilt by a defendant, in which they admit to the charges in open court and waive their right to a trial. This often occurs as part of a plea bargain

Hung jury

A jury that is unable to reach a unanimous verdict (or the required majority) after extended deliberation (weighing options/evidence). This results in a mistrial, and the prosecutor must decide whether to retry the case with a new jury.

Indictment

A formal written accusation initiated by a prosecutor and issued by a grand jury, stating that there is probable cause to believe a person committed a specific crime. (Ex. Trump)

Information

document similar to an indictment, but filed directly by a prosecutor without a grand jury's involvement. It is used to initiate criminal proceedings for crimes

Initial court appearance

1st appearance of a defendant before a judge after arrest, sets charges, bail, reads rights

Misdemeanor

medium offense punishable by fines or a term of imprisonment in a local jail, often for one year or less.

Not guilty plea

at the arraignment, the defendant denys the charges and demands that the state prove theyre guilty

Petit jury

citizen jury

Petty offense

tiny violation of law punishable by 6 months in jail or fines

Plea bargain

Plead guilty or no contest for concessions like less of a sentence

Preliminary hearing

The 2nd court proceeding where the prosecutor presents evidence to a judge to say theres reason to convict them. The judge determines if the case should proceed to trial.

Presumption of innocence

innocent until proven guilty

Probation

A sentence that allows a convicted offender to avoid imprisonment and instead serve their time in the community

Prosecutor

A government lawyer (district attorney, state attorney, or US attorney) who represents the state or federal government in bringing charges against the defendant.

Search warrant

A legal document signed by a judge or magistrate authorizing law enforcement to search a specific place or person for evidence of a crime.

Sentence

The punishment imposed by a court on a person convicted of a criminal offense

Subpoena

A court order requiring a person to appear in court to testify or produce documents/evidence

Writ of Habeas Corpus

Challenge the legality of your detention or imprisonment.

Zero-Tolerance rule

mandates the application of strict, predetermined, and severe consequences for specific violations of rules