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A finding that the defendant is not guilty of the charges brought by the government. This finding may be reached by the trial judge in a case tried before a judge alone or by the jury in a case tried before a jury.
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An addition to the presentence report prepared by the probation officer. The addendum includes any objections to the report raised by the parties and states how the probation officer believes the court should resolve the objections.
- Browse Related Terms: Addendum, Presentence investigation and report, Probation, Probation officer, Restitution, Revocation of probation or supervised release, Sentencing hearing, Supervised release
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In guidelines sentencing, the base offense level assigned by the sentencing guidelines to a particular offense is expressed as a number. If the base level is modified to account for specific offense characteristics or adjustments, the new level or number is called the adjusted offense level.
- Browse Related Terms: Adjusted offense level, Adjustment, Base offense level, Criminal history category, Departure, Fine, Guidelines Manual, Parole, Sentencing range, Sentencing Reform Act of 1984, Substantial assistance, U.S. Sentencing Commission
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In guidelines sentencing, a defendant's base offense level may be adjusted upward or downward. The guidelines call for adjustments based on the status of the victim, the offender's role in the offense, the existence of multiple counts, the defendant's obstruction of justice, and the defendant's acceptance of responsibility for the criminal conduct at issue. One or more adjustments may apply.
- Browse Related Terms: Adjusted offense level, Adjustment, Base offense level, Criminal history category, Departure, Fine, Guidelines Manual, Parole, Sentencing range, Sentencing Reform Act of 1984, Substantial assistance, U.S. Sentencing Commission
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A term often applied to the Anglo-American system for resolving criminal cases because that system involves pitting two adversaries, the government and the defendant, against each other in court. The underlying theory of the adversary system is that the clash between two equally matched adversaries is likely to yield the truth in a given case, that is, what actually happened.
- Browse Related Terms: Adversary system, Closing argument, Exhibit, Motion for judgment of acquittal, Objection, Opening Statement, Proof beyond a reasonable doubt, Suppression motion, Trial
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A sworn written statement. Complaints, search warrants, and arrest warrants must be supported by affidavits establishing probable cause.
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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 location when the crime was committed. When requested to do so by the government, a defendant must give written notice of an intention to offer a defense of alibi.
- Browse Related Terms: Alibi defense, Bail, Brady material, Criminal record, Detention hearing, Discovery, Excludable time, Motion, Physical evidence, Pretrial conference/status hearing, Pretrial proceedings, Reciprocal discovery, Reports of examinations and tests, Speedy Trial Act, U.S. Constitution
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An oral pleading or argument made to the court at sentencing by counsel for the defendant, the defendant, and the prosecutor. During allocution, the speaker attempts to persuade the judge that a particular sentence should or should not be imposed.
- Browse Related Terms: Allocution, Appeal, Entry of judgment, felony, Imprisonment, Mandatory minimum sentence, misdemeanor, Sentence, Special assessment, Statement of reasons
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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 case unless called upon to replace a regular juror.
- Browse Related Terms: Alternate juror, Challenge for cause, Grand jury foreperson, jury, jury instructions, Jury selection, Peremptory challenge, Presumption of innocence, voir dire
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A defendant who has been found guilty after a trial has the right to appeal the conviction to the appropriate U.S. court of appeals and seek a new trial or other relief. Similarly, when authorized by statute, a party adversely affected by a sentence imposed by the court or by a pretrial ruling of the court may appeal that sentence or ruling to the court of appeals and seek a different result.
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When the defendant is brought before the court, informed of the charges, and called upon to enter a plea to the charges. The defendant is given a copy of the indictment or information before being called upon to enter a plea.
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Occurs when, either through show of force or actual physical seizure, a law enforcement officer detains a person or otherwise leads that person to reasonably believe that he or she is not free to leave.
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A court order authorizing an officer to arrest a person and bring that person before the nearest available magistrate judge.
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A statute providing for prosecution in U.S. district court of state and local offenses occurring on federal property. The Act requires district courts to apply the law of the state in which the federal property is located.
- Browse Related Terms: Assimilative Crimes Act, Assistant United States Attorney (AUSA), Bail Reform Act of 1984, Community defender organization, Controlled substance, Criminal docket, Criminal Justice Act (CJA), Federal public defender organization, Federal Rules of Criminal Procedure, jurisdiction, Local rules, Panel attorney, Pretrial Services Officer, U.S. Attorney, U.S. District Court Judge, U.S. Magistrate Judge
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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.
- Browse Related Terms: Assimilative Crimes Act, Assistant United States Attorney (AUSA), Bail Reform Act of 1984, Community defender organization, Controlled substance, Criminal docket, Criminal Justice Act (CJA), Federal public defender organization, Federal Rules of Criminal Procedure, jurisdiction, Local rules, Panel attorney, Pretrial Services Officer, U.S. Attorney, U.S. District Court Judge, U.S. Magistrate Judge
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The official of the executive branch appointed by the President to head the Justice Department.
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Generally refers to the release of persons charged with an offense prior to trial under specified financial or nonfinancial conditions designed to ensure their appearance in court when required.
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A statute establishing criteria and procedures governing the release and detention of defendants in federal criminal cases.
- Browse Related Terms: Assimilative Crimes Act, Assistant United States Attorney (AUSA), Bail Reform Act of 1984, Community defender organization, Controlled substance, Criminal docket, Criminal Justice Act (CJA), Federal public defender organization, Federal Rules of Criminal Procedure, jurisdiction, Local rules, Panel attorney, Pretrial Services Officer, U.S. Attorney, U.S. District Court Judge, U.S. Magistrate Judge
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The raw number or point score assigned by the sentencing guidelines to each offense. The base offense level may be modified if specific offense characteristics exist. For example, the base offense level for guideline Section 2B1.1 (Larceny, Embezzlement, and Other Forms of Theft) is 4. But if the object stolen was a firearm, the base offense is increased (adjusted upward) by one level, to 5.
- Browse Related Terms: Adjusted offense level, Adjustment, Base offense level, Criminal history category, Departure, Fine, Guidelines Manual, Parole, Sentencing range, Sentencing Reform Act of 1984, Substantial assistance, U.S. Sentencing Commission
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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 accused on the issues of guilt or punishment must be revealed by the government when requested by the defense.
- Browse Related Terms: Alibi defense, Bail, Brady material, Criminal record, Detention hearing, Discovery, Excludable time, Motion, Physical evidence, Pretrial conference/status hearing, Pretrial proceedings, Reciprocal discovery, Reports of examinations and tests, Speedy Trial Act, U.S. Constitution