GLOSSARY Adversarial System: A justice system in which the defendant is presumed innocent and both sides may present competing views of the evidence (as opposed to an inquisitorial system where the state directly questions the accused). It is a system of using laws, rules, and procedures by opposing parties who contend against each other to try to obtain a result favorable to themselves. Appeal: Generally, the request that a court with appellate jurisdiction review the judgment, decision, or order of a lower court and set it aside (reverse it) or modify it; also, the judicial steps in judicial proceedings resulting from such a request. Appeals may be by right or at the discretion of the court. Attorney General: The Attorney General is the chief law officer in the State. He/she gives advice and opinions to the governor and to executive and administrative departments or agencies. The Attorney General's office represents the state in criminal appeals. Appellate Court: A court having jurisdiction of appeal and review; a court to which causes are removable by appeal, certiorari, error or report. A reviewing court, and, except in special cases where original jurisdiction is conferred, not a trial court or court of first instance, rather it is a panel of judges who review lower court decisions. Arraignment: The first time a defendant appears before the court; he/she is told what the charges are against him/her and is given a chance to plead guilty, not guilty, or nolo contendere (no contest to the charges). In a felony case, a second arraignment takes place after the preliminary hearing. Bail: A sum of money posted by or on behalf of a defendant to affect his/her release in return for a promise that he or she will appear at a place and time specified and submit to the jurisdiction and judgment of the court. It is a form of financial guarantee that the defendant will appear in court Bench or Court Trial: A trial that takes place in front of a judge with no jury present. Board of Prison Terms: Commissioners appointed by the governor who decide applications for parole by prisoners sentenced to life with possibility of parole. They decided whether inmates should be conditionally released from prison before completion of their sentences.
Burden of Proof: The duty to establish a claim or allegation by admissible evidence. In a criminal case, the burden of proof is on the Prosecutor and all elements of the crime must be proven beyond a reasonable doubt. Capital Case: Any offense that subjects the offender to a sentence of death or life in prison without the possibility of parole. Challenge for Cause: During jury selection, each side can ask that a potential juror be excused because of an actual bias against one of the parties or participants. Closing Statements: The final argument by attorneys to the jury at the close of trial. In a criminal case, the Prosecutor may speak first and then again, after the defense attorney closes because of the high burden of proof placed on the Prosecutor. Counts: Number of charges levied against a defendant. Cross Examination: Questioning of a witness by the opposing party after direct exam. District Attorney Investigators: Law enforcement professionals that work for the District Attorney s office to investigate ongoing criminal cases. Direct Examination: Questioning of a witness by the attorney who calls the witness to the stand. Discovery: In criminal proceedings, disclosure (turning over evidence to the other side) by the prosecution or the defense prior to trial or evidence or other information which is intended to be used in the trial. Erroneous: Wrong or false. Exculpatory: Any evidence that could be used to argue that the defendant is not guilty or a witness has lied. Federal Court levels: The federal judicial system has three levels, which include district courts, courts of appeal, and the United States Supreme Court. Felony: The most serious type of crime that is punishable by death, imprisonment in state prison or county jail, or a fine. Fiduciary: A legal or financial responsibility owed to another.
Filing of a Complaint: The initiation of a criminal case in a court by formal submission to the court of a charging document, alleging that one or more named persons have committed one or more specified criminal offenses. The process of charging a defendant with a crime and submitting those charges to the court. Forensic: Scientific or technical evidence. Fugitive: One who is wanted by authorities as a suspect in a crime and for whom the court has issued an arrest warrant. Hung Jury: A jury so irreconcilably divided in opinion that they cannot agree upon any verdict by the required unanimity. Life with Parole: A sentence to life imprisonment where the offender has an opportunity to earn parole after serving a specified number of years. Magistrate: A judge who serves ministerial functions at early stages of a case. Matriculate: To enter into the next level in the justice system process. Mistrial: A trial that has been terminated and declared invalid by the court because of some circumstances which create a substantial and uncorrectable prejudice to the conduct of a fair trial, or which makes it impossible to continue the trial in accordance with prescribed procedures. A trial that ends without a final resolution of the case, has no legal effect, and, in some very limited instances, may prohibit any retrial of the defendant. Motion: An oral or written request made to a court at any time before, during, or after court proceedings, asking the court to make a specified finding, decision, or order. Municipal: In California, the former inferior courts of a particular judicial district within a county. Opening Statements: The initial statement of an attorney (or if the defendant representing himself or herself) made in a court of law to a judge, or to a judge and jury, describing the facts that he or she intends to present during trial in order to prove his/her case. Parole: The status of an offender conditionally released from a prison by discretion of a paroling authority prior to expiration of sentence, required to observe condition of parole, and placed under the supervision of a parole agency.
Peremptory Challenge: The right to challenge a juror without assigning a reason for the challenge. In most jurisdictions each party to an action, both civil and criminal, has a specified number of such challenges and after using all his/her peremptory challenges he/she is required to furnish a reason for subsequent challenges. Plea Bargaining: The negotiated agreement between defendant, prosecutor, and the court as to what an appropriate plea and associated sentence should be in a given case. Plea-bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case. Points and Authorities: Legal arguments provided to the court and opposing party in writing. Preparing the Record: The process of documenting everything that happened in court regarding a particular case. Probable Cause: A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular person had committed a specific crime; reasonable grounds to make or believe an accusation. Preliminary Hearing: The proceeding before a judicial office on which three maters must be decided: whether a crime was committed, whether the crime occurred within the territorial jurisdiction of the court, and whether there are reasonable grounds to believe that the defendant committed the crime. Rules of Evidence: Rules of court that govern the admissibility of evidence at a criminal hearing and trial. Rules of Procedure: Rules of a court that form the procedural steps of the trial that the court must follow. Sentencing: A proceeding in the trial court where the judge determines the appropriate penalty. State Supreme Court: The highest state court in most jurisdictions. (In New York, the highest court is the Court of Appeals). Statutory Law: Written or codified law. The law on the books, as enacted by a governmental body or agency having the power to make laws. The courts are bound by these statutes. Statutory Sentence (range): Options for length of a sentence to prison that are available to a judge to impose for conviction of a particular crime.
Suppress: To exclude evidence from admission into court. To suppress evidence is either to keep it from being used in a trial by showing that is was gathered illegally or that it is irrelevant. Third Striker: An offender previously convicted of two serious or violent felonies who, by committing any felony, is subject to a sentence of life in prison. Victim Impact Statement: An in-court statement made by a victim or survivor of a crime that is placed in the record during the sentencing phase of a criminal trial to inform the court about the impact of the crime on the victim or victim s family. Victims' Bill of Rights: An amendment to some state constitutions (which altered criminal trial procedures in California) provides crime victims with notice and an opportunity to be heard at critical stages of the case. Writ: A document issued by a judicial officer ordering or forbidding the performance of a specified act. Resources & Comprehensive Glossaries www.pomc.com www.ojp.usdoj.gov/ovc/help