LEGAL GLOSSARY?

You will see many new "terms" and "phrases" used in your legal and/or court documents. We have provided this helpful Legal Glossary to help you make heads and tails of what you are reading, so you will better understand.

ALWAYS consult with one of the Canan Law legal team if you are ever in doubt.

ABET – To encourage another to commit a crime. This encouragement may be by advice,
inducement, command, etc. The abettor of a crime is equally guilty with the one who actually
commits the crime.
ABSCOND – To go in a clandestine manner out of the jurisdiction of the courts, or to lie
concealed, in order to avoid their process.
ABSENTIA – Absent proceeding without defendant being present.
ACCESSORY AFTER THE FACT – One who harbors, assists, or protects another person,
although he knows that person has committed a crime.
ACCESSORY BEFORE THE FACT – One who helps another to commit a crime, even though
he is absent when the crime is committed.
ACCOMPLICE – One who is involved in the commission of a crime with others, whether he
actually commits the crime or abets others.
ACQUITAL – Being found not guilty
ADDENDUM – An addition to
ADJUDICATION – The judicial decision that ends a criminal proceeding by a judgment of
acquittal, conviction, or dismissal of the case.
ADJUDICATORY HEARING – A hearing before a judge in Juvenile Court to determine if there
is enough evidence to support the claims made in the petition.
AFFIDAVIT – A written declaration or statement sworn to and affirmed by an officer having
authority to administer an oath.
AFFIRMATION – To swear on one’s conscience that what he says is true. An oath means that
one calls upon God to witness the truth of what he says.
AGGRAVATED – A severe or intensified assault or battery. A weapon is usually involved.
ALIAS – Short for “alias dictum”; any name by which one is known other than his true name.
ALIBI – A claim that one was in a place different from the scene involved. If a person proves his
alibi, he proves that he could not have committed the crime charged.
ALLEGED – The term used to modify any fact or charge not yet proven true.
ALLOCUTION- A courtroom formality occurring when a judge asks a prisoner, prosecutor, or,
at times, other pertinent parties if any legal reason exist for judgment to be pronounced at thattime or not.
AMNESTY – A sovereign act of oblivion for past acts, granted by a government to all persons
who have been guilty of crime, generally political offenses – and often conditioned upon their
return to obedience.
APPEAL – A case carried to a higher court to ask that the decision of the lower court, in which
the case originated, be altered or overruled completely.
ARRAIGNMENT – The court hearing where the accused is formally advised of the charges
against him, and is afforded an opportunity to enter a plea (guilty, no contest, not guilty). If a
guilty or no contest plea is entered, a sentencing hearing may be set or he may be sentenced
immediately. If a not guilty plea is entered, a trial date is set. No testimony is taken at
arraignment.
ARREST – To take a person into custody so that he may be held to answer to a criminal charge
or a civil demand.
AUTOPSY – The dissection of a dead body to determine the cause of death.

B
BAIL – An amount of money set by the court which allows the release from custody of a person
charged with a criminal offense. The purpose of the bail is to insure the appearance in court of
the accused.
BAIL BOND – An obligation signed by the accused and his sureties, that insures his presence in
court. There is usually no bond permitted in capital cases.
BAILIFF – A court officer who keeps order in the courtroom, has custody of the jury, and
custody of the prisoners while in court.
BAKER ACT – An act of the court used to pronounce an individual incompetent
BATTERER – A term used to describe a defendant who commits battery in domestic violence
BENCH WARRANT – An order by the court for the apprehension and arrest of a defendant or
other person who has failed to appear when so ordered.
BILL OF PARTICULARS – Document in which the prosecution sets forth time, place, manner
and means of the commission of the crime as alleged in the complaint or indictment.
BILL OF RIGHTS – The first ten amendments to the Constitution of the United States which
defines such rights as: due process of law; immunity from illegal search and seizure; the ban on
cruel and unusual punishment; unreasonably high bail; indictment by a grand jury and speedy
trial.
BINDING OVER – The act by which a court or magistrate requires a person to enter into a
recognizance or furnish bail to appear for trial, to keep the peace, to attend as a witness, etc.
BOND – Cash or surety to be posted for release on bail; types include:
A Signature – a signature bond sometimes secured by a mortgage or real property, usually
unsecured
A Surety – A certificate posted by a bonding company to the Sheriff releasing the defendant
A Supersedeas – The bond set by court during the appeal procedure posted with the clerk of
court
BOND ESTREATURE – A court order to forfeit bond to the county
BOOKING – The procedure at a police station of entering the name and identifying particulars
relating to an arrested person, the charges filed against him, and the name of the arresting officer.
BOOKING SHEET – The sworn document executed by the arresting officer, which states the
probable cause for the instant arrest.
BURDEN OF PROOF – The duty of affirmatively proving, in a criminal case, the guilty of the
defendant “beyond a reasonable doubt”.

C
CALENDAR – A list of cases to be heard in a trial court, on a specific day, and containing the
title of the case, the lawyers involved, and the case number.
CAPIAS – A capias is generated after the filing of an information. This document has the same
force and effect as an arrest warrant.
CAPITAL CRIME – Any crime that may be punishable by death or imprisonment for life.
CASELOAD – The number of cases actively being investigated by a police detective or being
supervised by a probation or parole officer.
CHANGE OF VENUE – The removal of a trial from one jurisdiction to another in order to avoid
local prejudice.
CHARGE – In criminal law, the accusation made against a person. It also refers to the judge’s
instruction to the jury on legal points.
CIRCUIT COURT – The court that hears felony and juvenile cases
CIRCUMSTANTIAL EVIDENCE – Testimony not based on actual personal knowledge or
observations of the facts.
CITATION – A summons given to defendant indicating the offense committed.
CITIZEN’S ARREST – A taking into custody of an alleged offender by a person who is not a
law enforcement officer. Such an arrest is lawful if the crime was attempted or committed in his
presence.
CITIZEN’S COMPLAINT – A sworn affidavit submitted by a private citizen, which alleges
some type of criminal behavior on the part of another. Intake on these complaints is
accomplished in a similar fashion to booking sheets in the Misdemeanor Division.
CIVIL – A type of legal case involving private rights and remedies of citizens.
CLERK OF COURT – Official custodian and keeper of all original documents, pleadings,
evidence, etc. (criminal and civil)
CLOSING ARGUMENT – The final statements (argument) by an attorney to jury/judge.
CO-COUNSEL – An attorney who assists lead attorney in the litigation of a case.
CO-DEFENDANT – A person accused
CODE – A compilation, compendium or revision of laws, arranged into chapters, have a table of
contents and index, and promulgated by legislative authority: Criminal code, Penal code.
COERCION – The compelling of person to do that which he is not obliged to do, or to omit
doing what he may legally do, by some illegal threat, force, or intimidation. For example: a
forced confession.
COMMIT – To perpetrate, as a crime; to place person in custody in a prison or other institution
by lawful order.
COMMON LAW – Law that derives its authority from usage and custom or court decisions,
rather than from legislation.
COMMUNITY CONTROL – a form of probation restricting the actions and movement
(location) of the defendant.
COMMUTATION – In criminal law, to change the punishment meted out to a criminal to one
less severe.
COMPENSATION – An act which a court orders to be done, or money a court orders to be paid,
by a person whose acts have caused loss or injury to another.
COMPLAINT – A written statement presented to the court charging a defendant with an offense.
COMPLAINANT – One who applies to the courts for legal relief by filing a complaint.
CONCURRENT SENTENCE – Each sentence runs at the same time.
CONFESSION - An admission by the accused of his guilt; a partial admission (e.g., that he was
at the crime scene; that he had a motive is referred to as “an admission against interest”).
CONFINEMENT – Deprivation of liberty in a jail or prison either as punishment for a crime or
as detention while guilt or innocence is being determined.
CONSENSUAL CRIME – A crime without a victim; one in which both parties voluntarily
participate (e.g., adultery, sodomy, etc.).
CONSPIRACY – A secret combination of two or more persons who plan for the purpose of
committing a crime or any unlawful act or a lawful act by unlawful criminal means.
CONTEMPT OF COURT – Any act which is calculated to embarrass, hinder, or obstruct a court
in the administration of justice, or which is calculated to lessen its authority.
CONTINUANCE – Postponement of legal proceedings.
CONVICTION – A finding by the jury (or by the trial judge in cases tried without a jury) that the
accused is guilty of a crime.
CORONER – A public official whose principal duty is to investigate sudden or violent death if
the death is suspicious or violent.
CORPORAL PUNISHMENT – Physical punishment inflicted upon the body of another person.
CORPUS DELICTI – The body, or substance, of a crime. The body upon which a crime has
been committed.
CORRECTIONS – Area of criminal justice dealing with convicted offenders in jails, prisons; on
probation or parole.
CORROBORATING EVIDENCE – Supplementary evidence that tends to strengthen or confirm
other evidence given previously.
COURT CLERK – A person employed by the clerk of circuit court, who is present at court
proceedings and documents all pertinent information regarding court events.
COURT REPORTER/STENOGRAPHER – A person, who is present at court proceedings,
depositions who types “word for word” or verbatim all conversation on the record.
CRIME – A positive or negative act in violation of penal law; an offense against a State of the
United States .
CRIMINAL INSANITY – Lack of mental capacity to do or refrain from doing a criminal act;
inability to distinguish right from wrong.
CRIMINALISTICS – The science of crime detection, e.g., ballistics, analysis of stains, etc.
CRIMINAL JUSTICE SYSTEM – The entire network of government agencies charged with law
enforcement, prosecution, trial and the punishment and supervision of those arrested and/or
convicted of having violated the criminal law.
CRIMINOLOGY – The scientific study of crime and criminals.
CROSS EXAMINATION – The questioning of a witness by the party who did not produce the
witness.
CULPABILITY – Guilty; blameworthiness.

D
DEFENDANT – Person against whom complaint or charge is filed.
DELINQUENCY – Failure; omission; violation of law or duty. (SEE JUVENILE
DELINQUENT).
DEMAND FOR SPEEDY TRIAL – A document filed by the defendant stating that he is ready to
go to trial within five (5) days, and requires the State to proceed to trial within sixty (60) days.
DEMURRER – In court procedure, a statement that the charge that a crime has been committedhas no sufficient basis in law, despite the truth of the facts alleged.
DEPENDENCY – A case involving child and parental rights.
DEPOSITION – The questioning of a witness, under oath, prior to trial. In a criminal case, it is
considered part of the discovery process. In this fashion, attorneys from both sides learn what
witnesses know about the case.
DETENTION – To hold a person in confinement while awaiting trial or sentence, or as a
material witness.
DETENTION HEARING – A hearing similar to first appearances, for juvenile delinquents.
DETERRENT – Anything which impedes or has a tendency to prevent; e.g., punishment is a
“deterrent” to crime.
DIRECTED VERDICT – An instruction by the judge to the jury to return a specific verdict. A
judge may not direct a guilty verdict.
DIRECTED EVIDENCE – Proof of facts by witnesses who actually was acts or heard words, as
distinguished from “circumstantial evidence”.
DIRECT EXAMINATION – The first questioning of a witness by the party who produced him.
DISCOVERY – In criminal cases, this is a process through which the State must reveal to the
defense the State’s witness’s names and addresses, as well as the substance of any statements
made by those witnesses. The State must also provide access to any statements, reports or
documents in its possession, which relate to the case.
DISCRETION – The decision-making powers of officers of the criminal justice system (e.g., to
arrest or not, to prosecute or not, to plea-bargain, to grant probation, or to sentence to a penal
institution).
DISMISSAL – An order or judgement finally disposing of an action, suit, motion, etc., without
trial of the issues involved.
DISPOSITION – The final outcome of a case.
DISTRICT – One of the territorial areas in which a country, state, county, municipality or other
political subdivision is divided for judicial, political electoral or administrative purposes.
DISTRICT ATTORNEY – Prosecutor; sometimes County Attorney , State Attorney. (US
Attorney in Federal practice).
DIVERSION – A process where by the defendant/delinquent is diverted from proceedings and
enters alternative programs in lieu of prosecution. (Used in felony, misdemeanor, juvenile,
domestic violence and worthless check divisions)
DOCKET – The formal record maintained by the court clerk, listing all cases heard. It contains
the defendant’s name, case number, date of arrest, and the outcome of the case.
DOCKET SOUNDING – A court proceeding where both the State and defense declare their
readiness to proceed to trial. A trial date is set for specific cases. No testimony is taken from
witnesses at this proceeding.
DOUBLE JEOPARDY – To be prosecuted twice for the same offense.
DUE PROCESS – Law in its regular course of administration through the courts of justice.
Guaranteed by the 5th and 14th Amendments.
E
ELEMENTS OF A CRIME – The parts of a crime, which are statutorily required to be alleged in
the charging document (Information) and then proven beyond a reasonable doubt at trial.
EMBRACERY – An attempt to influence a jury, or a member thereof, in their verdict by an
improper means.
ENTRAPMENT – The instigation of a crime by officers or agents of a government who induce a
person to commit a crime that he did not originally contemplate in order to institute a criminal
prosecution against him.
EVIDENCE – All the means used to prove or disprove the fact at issue.
EXAMINATION – An investigation of a witness by counsel in the form of questions for the
purpose of bringing before the court knowledge possessed by the witness.
EXCEPTION – A formal objection to the action of the court during a trial. The indication is that
the excepting party will seek to reverse the court’s action at some future proceeding. Objection.
EXCLUSIONARY RULE – Rule of evidence, which makes illegally acquired evidence
inadmissible.
EXECUTIVE ASSIGNMENT – When a case is transferred/reassigned by the Office of
Governor for investigation/prosecution.
EXPERT EVIDENCE – Testimony by one qualified to speak authoritatively on technical matters
because of his special training or skill.
EXPUNGEMENT – To seal or close a criminal record.
EX POST FACTO – After the fact. An ex post facto law is a criminal law that makes an act
unlawful although it was committed prior to the passage of that law.
EXTRADITION – The surrender by one state to another of an individual accused of a crime.

F
FALSE ARREST – Any unlawful physical restraint of another’s freedom of movement.
Unlawful arrest.
FEDERAL REPORTER (F.2d) – A publication of judicial opinions of the federal courts.
FELONY – A criminal act for which the offender can be sentenced to a prison term in excess of
one year. A law enforcement officer can arrest a subject on probable cause for a felony.
FIRST APPEARANCE – Within 24 hours of arrest, a suspect has the right to be brought before a
Judge to be advised of what he has been arrested for and a bond set. The Judge reviews the
sworn booking sheet and if probable cause is found, a bond can then be set. If no probable cause
is found, the suspect is then released on his own recognizance. (This does not mean the charges
are dropped, only that sufficient probable cause has not been found on the face of the booking
sheet.)
FLORIDA RULES OF CRIMINAL PROCEDURE (FRCrP) – A set of mandated rules used by
the judiciary in the prosecution of cases.
FLORIDA STATUTES - A listing or book of laws of the State of Florida .
FORENSIC – Relating to the court. Thus, forensic medicine would refer to medicine in relation
to court proceedings and the law in general.
FORFEITURE – To forfeit or give up rights of possession to items such as vehicles, airplanes,
boats, money which such is used or confiscated in the commission of a crime.
FRUITS OF THE POISONOUS TREE DOCTRINE – Evidence which is generated, directly
derived or taken by or from an illegal search or interrogation is generally inadmissible against the
defendant because of its original taint.
FRUITS OF CRIME – Material objectives acquired by means and in consequence of the
commission of the crime.
FURLOUGH – A temporary leave of absence.

G
GAG ORDER – An order by the court, directed to attorneys and witnesses, to not discuss the
trial with reporters; or an order to reporters to not report court proceedings.
GRAND JURY – A jury that hears evidence presented by the prosecutor to determine whether
there is enough evidence to justify a formal criminal charge or “indictment”.
H
HABEAS CORPUS (WRIT OF) – An order that requires a jailer, warden police chief, or other
public official to produce a person being held in custody before a court in order to show that they
have a legal right to hold him in custody.
HEARING – A court proceeding where some issue other than guilt or innocence is determined.
There may or may not be witness testimony taken, depending on the type of hearing.
HEARSAY – Evidence not originating from the witness’ personal knowledge.
HOMICIDE – The killing of a human being; may be murder, negligent or non-negligent
manslaughter, or excusable or justifiable homicide.
A Excusable – Killing in self defense or by accident
A Justifiable – Killing committed intentionally but without evil intent
A Vehicular – Killing of a human being by operation of an automobile, airplane or motorboat
HUNG JURY – A jury whose members cannot agree whether the accused is guilty or innocent.
I
INTERSTATE AGREEMENT ON DETAINERS - A compact between most states and the
federal government to facilitate the transfer of prisoners in prison in one state to another state for
the purpose of facing an untried indictment, information or complaint.
IGNORAMUS – A Latin phrase meaning “we ignore”, which is used by a grand jury when,
instead of returning an indictment in a case, they ignore it and decide that the case should be
dropped. Modern terminology uses the term “No true bill”.
IMPACT STATEMENT – A written account of the physical, monetary, and/or emotional loss or
suffering that resulted from a crime and how the victim would like to see the case resolved.
IMPEACH – To discredit. To question the truthfulness of a witness. Also, to charge a president
or governor with criminal misconduct.
IMPRISONMENT – The act of confining a convicted felon in a federal or state prison.
IN CAMERA – In the judge’s private chambers; in secrecy; the general public and press are
excluded.
INDICTMENT – A formal criminal charge made by a grand jury after hearing evidence
presented by the prosecutor.
INFERENCE – A conclusion one draws about something based on proof of certain other facts.
INFORMATION – A formal document filed by the State Attorney which charges a suspect with
a specific crime or crimes. A document prepared by the prosecutor as a means for presenting the
charges against the defendant to the court in certain types of cases (also see “Complaint”).
INJUNCTION – An order by a court prohibiting a defendant from committing an act.
INTAKE – This is the process by which an Assistant State Attorney reviews booking sheets and
citizen complaints, to determine whether there is sufficient evidence that a crime was committed
and to show who committed it. If so, formal charges (an Information) are filed.
INTENT – A design or determination of the mind to do or not do a certain thing. Intent may be
determined from the nature of one’s acts.
INVOKE THE RULE – Separation and exclusion of witnesses from the courtroom while
testimony is being offered from other witnesses.

J
JEOPARDY – Jeopardy attaches when a jury is sworn to try a case in a jury trial, or the Judge
begins to hear evidence in a non-jury trial. Once jeopardy attaches, if the defendant is acquitted
the State cannot bring him back to trial for any charges arising from that same set of
circumstances, on which he as initially tried. For instance, if a defendant is tried and acquitted
for First Degree Murder, he cannot be brought back and tried for Manslaughter of the same
victim.
JUDICIAL NOTICE – The rule that a court will accept certain things as common knowledge
without proof.
JUDGEMENT/SENTENCE – The official document of a judges decision (disposition) of a case
and sentence of a defendant.
JURY – A group of people summoned and sworn to decide on the facts in issue at a trial.
Composed of peers or a cross-section of the community. (See Grand Jury and Petit Jury).
JURY DEMAND COURT – Court where misdemeanor cases are held when the defendant asks
for a jury trial. This does not mean there will be a jury. Often the defendant waives his right to a
jury trial in court.
JURY INSTRUCTION – Direction given by the judge to the members of a jury concerning the
law of the cases.
JURY SEQUESTRATION – Isolating the jury from public for the duration of a trial to prevent
tampering and exposure t trial publicity.
JUVENILE DELINQUENT – A boy or girl who has not reached the age of criminal liability
(varies from state to state) and who commits an act which would be a misdemeanor or felony if
he were an adult.

L
LENIENCY – An usually mild sentence imposed on a convicted offender; clemency granted by
the President or a state governor;
LITIGATION – Undertaking of a legal action.

M
MALFEASANCE – The act of a public officer in committing a crime relating to his official
duties or powers. Accepting or demanding a bribe.
MALICE – An evil intent to vex, annoy or injure another; intentional evil.
MALICIOUS PROSECUTION – An action instituted in bad faith with the intention of injuring
the defendant.
MANDAMUS – A writ that issues from a superior court, directed to any person, corporation or
inferior court, requiring it to do some particular thing.
MANSLAUGHTER – Causing the death of another person either unintentionally but because of
recklessness or gross neglect (or voluntary or negligent manslaughter) or intentionally but with
provocation that a reasonable person would fin extreme (voluntary or non-negligent
manslaughter).
MENS RAE – A guilty intent.
MIRANDA WARNING – A police officer when taking a suspect into custody must warn him of
his right to remain silent and of his right to an attorney.
MISDEMEANOR – Less serious than a felony, this is a criminal act which is punishable by up to
one year in a county jail. In most instances, a law enforcement officer cannot arrest a subject for
a misdemeanor that does not occur in his presence. (Domestic Violence is an exception to this
rule).
MISPRISON – Failing to reveal a crime.
MISTRIAL - A trial discontinued before reaching a verdict because of some procedural defect or
impediment.
MODUS OPERANDI – Method of operation by criminals.
MOTIONS - Procedural moves made by either the defense attorney or the prosecutor and
submitted to the court, helping to define and set the ground rules for the proceedings of a
particular case.
Examples of Motions
A Motion in Limine – A motion against admission of prejudicial statements or questions
A Motion to Compel – A motion to enter an order compelling the Defendant to provide to
the State all documents and the reports of all experts that the Defendant intends to use at trial
A Motion to mitigate sentence – A motion to reduce sentence
A Motion to continue – A motion to reschedule a court proceeding
A Motion to suppress – A motion to prevent admission of evidence in a case
A Motion for a new trial – A motion requesting the judge to set aside judgement and order a
new trial
MOTIONS HEARING - A hearing before a judge at which the prosecutor and the defense
attorney may submit motions, or formal requests, for orders or ruling by the judge. Such motions
might have to do with evidence to be permitted at trial or for psychiatric examination of the
accused. The judge decides whether to grant these motions. Witnesses are sometimes required
at motions hearings.
MOTIVE – The reason for committing a crime.
MURDER – intentionally causing the death of another person without extreme provocation or
legal justification or causing the death of another while committing or attempting to commit
another crime.

N
NEGLIGENCE – Failure to use such care as reasonable or ordinary
Examples
A Contributing – When negligence contributes to injury
A Culpable – failure to exercise a degree of care appropriate for the circumstances
A Gross – Intentional failure to act; reckless disregard of the consequences
NO BILL - A phrase used by Grand Jury when they fail to indict.
NO INFORMATION NOTICE - A document filed by the State Attorney which notifies the
defendant, the Clerk of Courts and the law enforcement agencies involved that the State will not
proceed with a specific case. This process takes place after arrest, but before a charging
document has been filed.
NOLLE PROSEQUL (NOLLE PROSSE) - A document filed by the State Attorney which
notifies the defendant, the Clerk of Courts and the law enforcement agencies involved that the
State will not proceed with a specific case. This process takes place after arrest and after a
charging document has been filed.
NOLO CONTENDRE - A pleading, usually used by a defendant in a criminal case, that literally
means “I will not contest”.
NOTICE - Issued by the State Attorney’s office calling a person to appear in court at a specific
time.

O
OBJECTION - The act of taking exception to some statement or procedure in a trial. Used to
call the court’s attention to some improper evidence or procedure in a trial.
OPINION EVIDENCE - A witness’ belief or opinion about a fact in dispute, as distinguished
from personal knowledge of the fact. Expert testimony.
ORDER – A document signed by the judge making a ruling or award
Examples
A Order to show cause – Requires person to appear and show why some action should not be
taken
A Order to discharge bond – When bond is released, usually once case is disposed
A Order appointing counsel
A Recall order – recalling a warrant or capias
A Order granting continuance – Court event is rescheduled
ORDINANCE – A statute enacted by the city or municipal government.
ORGANIZED CRIME - The crime syndicate. Continuing criminal conspiracy which engages in
crime as a business.
ORIGINAL JURISDICTION - Trial jurisdiction.
OVER ACT - An opinion or physical act. As opposed to a thought or mere intention.

P
PARDON - Executive clemency setting aside a conviction and penalty.
PAROLE - A conditional release from prison, under supervision.
PAROLE REVOCATION HEARING - Normally a two step process. The first step consists of a
preliminary hearing. At the hearing, the parolee may present letters, documents and individuals
as evidence of his good behavior during the time of his release. If probable cause is found, a
final revocation hearing is hold to evaluate all the facts and to determine if parole should be
revoked. Sometimes called probation revocation hearing.
PENAL CODE - The criminal law of jurisdiction.
PENOLOGY - The study of punishment and corrections.
PEREMPTORY CHALLENGE - The act of objecting to a certain number of jurors without
assigning a cause for their dismissal. Used during the voir dire examination.
PERJURY - Deliberate false testimony under oath
PERPETRATOR - A person who commits a crime.
PETIT JURY - The ordinary trial jury, as opposed to Grand Jury, composed of 12 persons who
hear criminal cases. Determines guilt or innocence of the accused.
PLEA - A Plea before a Circuit Judge in General Sessions (Criminal) Court is an admission of
guilty by a defendant. If a defendant pleads guilty, a trial is not necessary.
PLEA BARGAINING - Negotiation between the defense and the prosecution in which
concessions are made regarding the sentencing of the defendant in exchange for a guilty plea.
POST MORTEM - After death. Commonly applied to examination of a dead body. An autopsy
is a post mortem examination to determine the cause of death (See Autopsy).
PRAECIPE – A writ commanding the clerk of court to issue a subpoena or summons
PRECEPT – An order, writ, warrant or process
PRE SENTENCE INVESTIGATION - A document that details the past behavior prior criminal
history/conviction, family circumstances and personality of an adult and gives information about
the crime he/she committed. It’s prepared by the Police and Probation in order to assist the court
in determining the most appropriate sentence.
PRELIMINARY HEARING - If the State has not formally filed charges against the suspect
within 21 days of arrest, he is entitled to an adversary preliminary hearing. The State is required
to show (usually through witness testimony) that probable cause exists that a crime was
committed and the suspect committed it. This is a safeguard for indefinitely without bring
formal charges.
PRESUMPTION OF FACT - An inference as to the truth or falsity of any proposition or fact
made in the absence of actual certainty of its truth or falsity or until such certainty can be
attained.
PRESUMPTION OF LAW - A rule of law that courts and judges must draw a particular
inference from a particular fact or evidence, unless the inference can be disproved.
PRETRIAL CONFERENCE - The pretrial conference is a meeting between the Prosecutor of
one of the Assistant Prosecutors and the witnesses to a crime. A witness is notified of the date
and time of this conference by receiving a summons. At the pretrial conference the witness will
have an opportunity to fully discuss the case and ask any questions that they may have.
PRIMA FACIE - So far as can be judged from the appearance or at first sight.
PROBABLE CAUSE – Reasonable belief that a crime was committed and that named person
committed the crime.
PROBATION - A penalty placing a convicted person under the supervision of a probation
officer for a stated time, instead of being confined.
PROSECUTOR - One who initiates a criminal prosecution against an accused. One who acts as
a trial attorney for the government as the representative of the people.
PUBLIC DEFENDER - An appointed or elected public official charged with providing legal
representation for indigent persons accused of crimes.
R
REASONABLE DOUBT – That state of mind of jurors when they do not feel a moral certainty
about the truth of the charge and when the evidence does not exclude other reasonable hypothesis
except that the defendant is guilty as charged.
REBUTTAL - The introduction of contradicting testimony; the showing that statements made by
a witness are not true; the point in the trial at which such evidence may be introduced.
RECIDIVIST - A repeater in crime; a habitual offender.
RECOGNIZANCE - When a person binds himself to do a certain act or else suffer a penalty, as,
for example, with a recognizance bond. Release on recognizance is release without posting bail
or bond.
RELEVANT - Applying to the issue in question; related to the issue; useful in determining the
truth or falsity of an alleged fact.
REMAND - To send back. To remand a case for new trial or sentencing.
REPARATION - Payment for an injury; redress for a wrong.
REPRIEVE – A stay of execution or sentence.
RESPONDENT - The party against whom an appeal is taken or a motion is brought and who is
required to answer (respond).
RESTITUTION - The requirement that a criminal restore something to its rightful owner or
give an equivalent incase or work for an injury. (can be money ordered by the court)

S
SEARCH WARRANT - A written order, issued by judicial authority in the name of the state,
directing a law enforcement officer to search for personal property and, if found to bring it before
the court.
SENTENCE - The punishment imposed by the trial judge on a convicted offender.
A Concurrent – Served at the same time as another
A Consecutive/cumulative – separate sentences made to begin at the expiration of another
A Deferred – Postponed until a future time
A Determinate – For a fixed period of time
A Final – Ends the case
SERVICE OF PROCESS – Delivery of a copy of a writ, summons, etc. to a person involved in a
legal action; types include:
A Constructive – Any form of service other than personal
A Long arm – Service permitted on nonresidents by virtue of activity within a state
A Personal – Actual delivery of process to the person whom it is directed to
A Publication – Advertisement in a newspaper
A Substituted – Service by mail, publication or to another person
SHOW CAUSE - A court order requiring a person who has been commended to do or not to do
some act to appear before the court to explain why the court should no enforce the original order.
SPEEDY TRIAL - A person accused of a crime is entitled to a trial within a certain period of
time. For a misdemeanor, the trial must begin within 90 days. For a felony, the trial must
commence within 175 days. Time begins to run on the date of arrest. A defendant waives (gives
up his right to) speedy trial if he asks for additional time to prepare, or fails to appear for a
required court appearance. The defendant must be continuously available for trial. If the State is
not ready for trial and asks for a continuance, it does not stop the time from running. If speedy
trial time runs out and the State has not begun the trial, the defendant can file a Motion for
Discharge, this can result in charges being dismissed by the court.
STATEMENT OF PARTICULARS – A statement of the specific criminal acts charged in an
information, petition, or indictment (bill of particulars)
STATE’S EVIDENCE - Testimony given by an accomplice or participant in a crime, tending to
convict others.
STATUS OFFENSE - An act which is punishable only because the offender has not as yet
reached a statutorily prescribed age (e.g., truancy, running away, drinking alcohol beverages by a
minor, etc).
STATUTE – A law.
STIPULATION – An agreement made by opposing attorneys; voluntary
SUBPOENA - A written order by a judicial officer requiring a specified person to appear in a
designated court/place at a specific time and place in order to serve as a witness in a case or to
bring material to court.
SUBPOENA DUCES TECUM - A court order requiring a witness to testify and to bring all
books, documents, and papers that might affect the outcome of the proceedings.
SUMMONS - An order to appear in court on a particular date, which is issued by a police officer
after or instead of arrest. It may also be notification to a witness or a juror to appear in court.
SUSPECT - One whom the police have determined as very likely to be the guilty perpetrator of
an offense.
SUSPENDED SENTENCE - A court decision to post pone the pronouncement of sentence on a
convicted person or to postpone the execution of a sentence that has been pronounced by the
court.
SUSTAIN - Support, warrant, or uphold. When an attorney objects to the introduction of
evidence during a trial and the judge agrees with the objection.

T
TESTIMONY - Evidence given by a competent witness, under oath, as distinguished from
evidence from writings and other sources.
TORT - A legal wrong committed against a person or property for which compensation may be
obtained by civil action.
TRIAL - The examination of an issue before a court; in a criminal case, the defendant must be
proven guilty beyond a reasonable doubt. A trial may take place before a judge or before a judge
and a jury.
TRUE BILL – When the grand jury finds sufficient evidence to warrant criminal charges; when
an indictment if filed.

U
UNIFORM CRIME REPORTS - Annual statistical tabulation of “crimes known to the police”
and “crimes cleared by arrest”, published by the Federal Bureau of Investigation.
UNLAWFUL ASSEMBLY - Two or more persons assembling in contemplation of an unlawful
act.

V
VENUE - The location (county) in which a crime is committed. This is also the county in which
the case must then be tried.
VERDICT - The decision of a court.
VICTIMOLOGY - Sub-discipline of criminology which emphasizes the study of criminology
and includes victim compensation.
VOIR DIRE - (French) “To speak the Truth”. A voir dire describes a courts preliminary
examination of a prospective juror or witness whose competency or qualifications have been
challenged.

W
WARRANT – A writ issued by a judge authorizing an officer to make an arrest, a seizure,
search, or do other acts incident to the administration of justice, i.e. Search Warrant, Arrest
Warrant, Bench Warrant, Death Warrant
WITHHOLD OF ADJUDICATION – The judge withholds the judgment of guilt/conviction on a
defendant.
WRIT – A written document or order requiring performance of a specific act, or giving authority
and commission to have it done.
WRIT OF CERTIORARI - An order by the appellant court used when the court has the
discretion on whether or not to hear an appeal
WRIT OF HABEAS CORPUS AD PROSE QUENDUM – A writ ordering a prisoner be brought
before the court to be prosecuted.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM – A writ ordering a prisoner be brought
before the court to testify.