Criminal Law — page 2 of 2

Criminal Law terms

101. Reciprocal discovery After the defendant has been given discovery by the government, the government can make limited reciprocal discovery requests of the defendant.
102. Reports of examinations and tests During discovery, the defendant is entitled to inspect and copy the results or reports of physical examinations, mental examinations, and scientific tests…
103. Restitution Act of restoring anything to its rightful owner; the act of restoring someone to an economic position he enjoyed before he suffered a loss.
104. Revocation of probation or supervised release A probationer who violates one or more conditions of probation runs the risk that the sentence of probation may be revoked.
105. Right to counsel The Sixth Amendment to the Constitution provides that, "the accused shall enjoy the right to ... have the assistance of counsel for his defense."
106. Search warrant A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence.
107. Sentence The punishment ordered by a court for a defendant convicted of a crime. See concurrent and consecutive sentences.
108. Sentencing hearing A court hearing at which the defendant is sentenced. At the hearing, the court considers the attorneys' comments on the probation officer's…
109. Sentencing range One of the goals of guidelines sentencing is to ensure that similar offenders who commit similar crimes are given similar sentences.
110. Sentencing Reform Act of 1984 A statute passed by Congress which establishes the U.S. Sentencing Commission and gives the Commission authority to issue sentencing guidelines for use in…
111. Special assessment A lien assessed against real property by a public authority to pay costs of public improvements (for example, sewers, street lights) that directly benefit…
112. Speedy Trial Act Federal law establishing time limits for carrying out major events, i.e. indictment, arraignment, etc., in a criminal prosecution.
113. Statement of reasons The court's reasons for imposing a particular sentence. The Sentencing Reform Act of 1984 requires the court to state its reasons for imposing a…
114. Stipulation An agreement between the parties to settle all or part of the case without further hearings. The stipulation must be approved by the Court.
115. Subpoena A command to a witness to appear and give testimony.
116. Substantial assistance The United States Sentencing Commission's sentencing guidelines contain a policy statement allowing the court to depart from the guidelines and impose a…
117. Summons The Order from the Court Administrator to the defendant telling her/him to come to court to respond to the Complaint, which must be attached to the…
118. Supervised release A term of supervised release must be ordered by the court when required by statute or following a sentence of more than one year in prison.
119. Suppression motion A motion filed by the defendant seeking to suppress or prevent the government from using evidence at trial that the government is alleged to have obtained…
120. Sustain A court ruling upholding an objection or a motion.
121. Testimony The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.
122. Trial The examination of facts and law heard by a referee/judge with authority to hear the matter (jurisdiction).
123. True Bill An indictment that has been presented to the grand jury, and is found to have sufficient probable cause on the basis of evidence presented, to hold a…
124. U.S. Attorney A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S.
125. U.S. Constitution The U.S. Constitution (including its amendments) establishes the basic structure and functions of the federal government.
126. U.S. District Court Judge A federal judge appointed by the President, with the advice and consent of the Senate, to handle criminal and civil matters at the district court level.
127. U.S. Magistrate Judge A judicial officer appointed by the judges of a U.S. district court and authorized to perform a variety of tasks in criminal and civil cases.
128. U.S. Marshal's Service An agency of the Justice Department, charged with providing courtroom security in federal district courts, apprehending federal fugitives, transporting…
129. U.S. Postal Inspectors U.S. Postal Service inspectors who investigate offenses involving the use of the mails.
130. U.S. Secret Service A federal law enforcement agency charged with protecting the President and other public officials and investigating alleged violations of certain federal…
131. U.S. Sentencing Commission The Sentencing Reform Act of 1984 established the U.S. Sentencing Commission as an independent commission in the judicial branch of the government.
132. Verdict A conclusion, as to fact or law, that forms the basis for the judgment of the jury or the court. See Judgment as a Matter of Law.
133. Voir dire The preliminary examination made in court of a witness or juror to determine his/her competency or interest in a matter. Literally, to speak the truth.