Criminal Law

Criminal Law terms

1. Acquittal A release, absolution or discharge of an obligation or liability. In criminal law, the finding of not guilty.
2. Addendum An addition to the presentence report prepared by the probation officer. The addendum includes any objections to the report raised by the parties and…
3. Adjusted offense level In guidelines sentencing, the base offense level assigned by the sentencing guidelines to a particular offense is expressed as a number.
4. Adjustment In guidelines sentencing, a defendant's base offense level may be adjusted upward or downward.
5. Adversary system A term often applied to the Anglo-American system for resolving criminal cases because that system involves pitting two adversaries, the government and…
6. Affidavit A sworn statement in writing before a proper official, such as a notary public.
7. Alibi defense A defense to a criminal charge which asserts that the defendant could not have committed the crime at issue because the defendant was at a different…
8. Allocution An oral pleading or argument made to the court at sentencing by counsel for the defendant, the defendant, and the prosecutor.
9. Alternate juror A juror who is selected in the same manner as a regular juror and hears the evidence in a case along with the regular jurors but does not help decide the…
10. Appeal To call for a review of an IRS decision or proposed adjustment.
11. Arraignment The hearing at which the accused is brought before the court to enter a plea to the criminal charge in the indictment.
12. Arrest To take into custody by legal authority.
13. Arrest warrant A written order directing the arrest of a party. Arrest warrants are issued by a judge after a showing of probable cause.
14. Assimilative Crimes Act A statute providing for prosecution in U.S. district court of state and local offenses occurring on federal property.
15. Assistant United States Attorney (AUSA) A federal prosecutor who assists the U.S. Attorney in the judicial district by advocating the government's position in criminal cases before the court.
16. Attorney General Attorney General means the chief official of the U.S. Department of Justice or the Attorney General's designee.
17. Bail Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure their appearance in court.
18. Bail Reform Act of 1984 A statute establishing criteria and procedures governing the release and detention of defendants in federal criminal cases.
19. Base offense level The raw number or point score assigned by the sentencing guidelines to each offense.
20. Brady material In Brady v. Maryland, the Supreme Court held that evidence or other information known to the prosecution which is material to a case and favorable to the…
21. Bureau of Alcohol, Tobacco, and Firearms (ATF) A federal law enforcement agency that investigates cases involving alleged violations of federal gun laws, arson, illegal use of explosives, and illegal…
22. Bureau of Prisons Responsible for operating and developing correctional institutions for federal criminal defendants who are ordered into the custody of the Attorney…
23. Challenge for cause A request from a party to a judge that a prospective juror not be allowed to be a member of a jury because of specified causes or reasons.
24. Closing argument The closing statement, by counsel or a pro se litigant, to the trier of facts after all parties have concluded their presentation of evidence at trial.
25. Community defender organization A nonprofit defense counsel service organized by a group of attorneys in private practice authorized by the U.S.
26. Complaint A written communication primarily expressing a grievance against an insurance company or agent.
27. Controlled Substance A narcotic or non-narcotic drug listed in one of the five schedules of controlled substances in Title 21 of the U.S. Code.
28. Count An indictment may contain allegations that the defendant has committed more than one crime. Each allegation must be listed separately.
29. court Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read…
30. Criminal docket The total number of criminal cases in a district court at any given time.
31. Criminal history category The sentencing guidelines call for consideration of the defendant's criminal history at sentencing and assign numbers, or points, to relevant prior…
32. Criminal Investigation Division (CID) This division of the Internal Revenue Service, part of the Treasury Department, investigates alleged violations of the tax laws.
33. Criminal Justice Act (CJA) A federal statute designed to implement the Sixth Amendment right to counsel by providing court-appointed attorneys to represent defendants who cannot…
34. Criminal record A copy of the defendant's prior criminal record, if any, must be given by the government to the defense upon request during discovery.
35. Cross-examination The questioning of a witness produced by the other side.
36. Departure A judge can sentence a defendant to a term of imprisonment which is greater or lesser than the applicable sentencing range in the U.S.
37. Detention hearing Under the Bail Reform Act, a hearing may be held in cases involving defendants who are charged with serious felonies or whose record indicates that they…
38. Direct examination The first questioning of witnesses by the party on whose behalf they are called.
39. Discovery This is when the Court orders each party (each side) to give each other information about the facts before the trial, to avoid surprise.
40. Dismissal Process by which a court will terminate a case. With Prejudice - cannot refile. Without Prejudice - can refile at a later date.
41. Drug Enforcement Administration (DEA) A federal law enforcement agency with primary responsibility for investigating drug cases. The DEA is part of the Justice Department.
42. Entry of judgment After a defendant is sentenced, the clerk enters the judgment of conviction on the docket sheet.
43. Evidentiary hearing A hearing held in open court before a judge or magistrate judge at which the testimony of witnesses is taken and exhibits may be introduced into evidence.
44. Excludable time The Speedy Trial Act lists a number of events, often referred to as "excludables", which may make it impossible to begin a defendant's trial within the…
45. Exhibit A document or other item introduced as evidence during a trial or hearing.
46. FBI rap sheet Informal term for a record kept by the FBI listing all arrests and convictions of persons charged with crimes.
47. Federal Bureau of Investigation (FBI) A federal agency which investigates all violations of federal laws.
48. Federal crime A violation of a criminal law passed by Congress. Federal crimes are investigated by federal law enforcement agencies and prosecuted by the U.S.
49. Federal public defender organization The CJA provides for the establishment of such organizations to represent indigent defendants.
50. Federal Rules of Criminal Procedure A body of rules developed by the federal judiciary that provides a comprehensive procedural code for use in federal criminal cases.
51. Felony A serious criminal offense. Under federal law, any offense punishable by death or imprisonment for a term exceeding one year.
52. Financial Affidavit Form (CJA Form 23) A form containing questions about the assets, obligations, and debts of defendants applying for court services under the CJA.
53. Fine The monetary penalty assessed against a defendant.
54. Grand Jury A jury of inquiry whose duty it is to receive complaints and accusations in criminal matters and, if appropriate, issue a formal indictment.
55. Grand jury foreperson The grand juror appointed by the court to handle administrative matters relating to the grand jury's work.
56. Guidelines Manual Created and distributed by the U.S. Sentencing Commission, the Manual includes sentencing guidelines, policy statements, and commentary on the guidelines.
57. Guilty plea When a defendant enters a guilty plea, the defendant waives the right to trial and, unless the plea is an Alford plea or a plea of nolo contendere, admits…
58. Guilty verdict A verdict convicting the defendant of the charge(s). When a verdict of guilty is returned, the judge orders a presentence investigation and sets a…
59. Hung jury A jury whose members cannot agree upon a verdict.
60. Imprisonment The placement of an individual in a jail or prison.
61. Indictment A written accusation by a grand jury charging a person with a felony. See information.
62. Information Accusatory document, filed by a prosecutor, detailing misdemeanor charges against a party.
63. Initial appearance The first hearing in court before a referee/judge. This is similar to an arraignment hearing on criminal cases.
64. Jencks Act materials The Jencks Act requires the government to give defense counsel any prior statements of witnesses testifying for the government in a criminal case.
65. Joinder The joining together of two or more offenses, or two or more defendants, in the same indictment for purposes of trial.
66. Jurisdiction (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same…
67. Jury A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense.
68. jury instructions A judge's explanation to the jury before it begins deliberations of the questions it must answer and the law governing the case.
69. Jury poll After a jury verdict is returned but before it is officially recorded, the jury may be polled at the request of either party.
70. Jury selection The process by which the adversaries select a jury. The prosecutor and the defense attorney jointly select the jury by using challenges to eliminate those…
71. Justice Department An executive branch agency with responsibilities in a wide range of areas bearing on the administration of justice.
72. Leading question A question that suggests the answer desired of the witness. A party generally may not ask one's own witness leading questions.
73. Local rules Each U.S. district court is authorized to "make and amend rules governing its practice not inconsistent with" the Federal Rules of Criminal Procedure.
74. Mandatory minimum sentence A statutorily defined minimum term of imprisonment that the court is required to impose on a defendant at sentencing.
75. Misdemeanor A criminal offense lesser than a felony and generally punishable by fine or by imprisonment of less than 1 year.
76. Mistrial An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
77. Motion A formal, written request filed with the court. Motions are made in court all the time for many purposes: to continue (postpone) a trial to a later date…
78. Motion for judgment of acquittal The court, on motion of a defendant or on its own motion, must order the entry of a judgment of acquittal if the evidence on a given charge is…
79. Motion for new trial The Federal Rules of Criminal Procedure allow the defendant to file a motion for a new trial within seven days of a verdict or finding of guilt by a judge.
80. Objection The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.
81. Opening Statement The initial statement made by attorneys or pro se litigant for each side, outlining the facts each intends to establish during the trial.
82. Overrule A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.
83. Panel attorney An attorney in private practice who has been found qualified and eligible to represent indigent defendants under the Criminal Justice Act (CJA).
84. Parole Supervised release of a prisoner from imprisonment on certain prescribed conditions which entitle him to relief from a prison sentence.
85. Peremptory challenge Request by a party that a judge not allow a certain prospective juror as a member of the jury. No reason or cause need be stated. See challenge for cause.
86. Physical evidence During discovery, the defendant is entitled to inspect and copy certain physical evidence in the possession of the government.
87. Plea agreement An agreement between the government and the defendant to resolve a pending criminal case by the defendant's entry of a guilty plea rather than going to…
88. Preliminary Examination A preindictment hearing at which the prosecutor must present evidence sufficient to establish probable cause that a federal offense was committed and that…
89. Presentence investigation and report Before sentencing, a probation officer investigates the defendant's background, financial condition, criminal offense(s), and criminal history.
90. Presumption of innocence Before the trial begins, the court instructs the jury to presume the defendant is innocent of all charges.
91. Pretrial conference/status hearing A conference held prior to trial to consider and resolve important issues in a given case and promote the fair and speedy trial of the case.
92. Pretrial proceedings Generally refers to the events that occur between the time the defendant first appears in court and the time of trial.
93. Pretrial Services Officer An officer of the court who collects and verifies the information used by judges in deciding issues related to pretrial release and detention.
94. Pretrial Services Report A report prepared by a pretrial services officer containing information about a defendant's personal history, criminal record, and financial status.
95. Privilege against self-incrimination Also know as the right to remain silent, the privilege against self-incrimination is contained in the Fifth Amendment.
96. pro se A nonlawyer who represents himself or herself in a court proceeding.
97. Probable cause 1. The basis for all lawful searches, seizures and arrests. 2. A reasonable belief that a crime has or is being committed.
98. Probation An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision…
99. Probation officer Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on…
100. Proof beyond a reasonable doubt The level or quality of proof needed to convict a criminal defendant at trial. The government has the burden of proof in a criminal case and, in order to…