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Criminal Definitions:
Aggravated Assault
- An unlawful attack by one person upon another
for the purpose of inflicting severe or aggravated
bodily injury. This type of assault usually is accompanied
by the use of a weapon or by means likely to produce
death or great bodily harm. (It is not necessary
that injury result from an aggravated assault when
a gun, knife, or other weapon is used which could
and probably would result in serious personal injury
if the crime were successfully completed.) Arraignment
- A proceeding in which an individual who is accused
of committing a crime is brought into court, told
of the charges, and asked to plead guilty or not
guilty.
Arson - To unlawfully
and intentionally damage, or attempt to damage,
any real or personal property by fire or incendiary
device.
Bail - Security given
for the release of a criminal defendant or witness
from legal custody (usually in the form of money)
to secure his appearance on the day and time set
by the court.
Bench Trial - Trial
without a jury in which a judge decides which party
prevails.
Brief - A written statement
submitted by each party in a case that explains
why the court should decide the case, or particular
issues in a case, in that party's favor.
Burglary - Burglary
is defined as the unlawful entry into a building
or other structure with the intent to commit a felony
or a theft. This definition includes: unlawful entry
with intent to commit a larceny or felony; breaking
and entering with intent to commit a larceny; housebreaking;
safecracking; and all attempts to commit any of
the aforementioned.(FBI Uniform Crime Reporting
Definition).
Burden of Proof - All
elements of crime must be proven by the State beyond
a reasonable doubt.
Capital Felony - A
felony case in which the death penalty may be imposed
upon the defendant. The alternative sentence for
a capital felony, when death is not imposed, is
life in prison.
Capital Offense - A
crime punishable by death.
Case Law - The law
as reflected in the written decisions of the courts.
Chambers - A judge's
office, typically including work space for the judge's
law clerks and secretary.
Chief Judge - The judge
who has primary responsibility for the administration
of a court; chief judges are determined by seniority.
Conviction - A judgment
of guilt against a criminal defendant.
Counsel - Legal advice;
a term also used to refer to the lawyers in a case.
Criminal Homicide -
The willful (non-negligent) killing of one human
being by another.
Damages - Money paid
by defendants to successful plaintiffs in civil
cases to compensate the plaintiffs for their injuries.
Default Judgment -
A judgment rendered in favor of the plaintiff because
of the defendant's failure to answer or appear to
contest the plaintiff's claim.
Deposition - An oral
statement made before an officer authorized by law
to administer oaths. Such statements are often taken
to examine potential witnesses, to obtain discovery,
or to be used later in trial.
Discovery - The process
by which lawyers learn about their opponent's case
in preparation for trial. Typical tools of discovery
include depositions, interrogatories, requests for
admissions, and requests for documents. All of these
devices help the lawyer learn the relevant facts
and collect and examine any relevant documents or
other materials.
Docket - A log containing
the complete history of each case in the form of
brief chronological entries summarizing the court
proceedings.
Domestic Violence -
Means an act of violence upon a person with whom
the actor is or has been involved in an intimate
relationship. Domestic violence also includes any
other crime against a person or any municipal ordinance
violation against a person when used as a method
of coercion, control, punishment, intimidation,
or revenge directed against a person with whom the
actor is or has been involved in an intimate relationship.
(CRS 12-36-135(a)).
Drug Abuse Violations
- Violations of State and local laws relating to
the unlawful possession, sale, use, growing, manufacturing,
and making of narcotic drugs. The relevant substances
include opium or cocaine and their derivatives (morphine,
heroin, and codeine); marijuana; synthetic narcotics
(Demerol, Methadone), and dangerous non-narcotic
drugs (GHB, Rohypnol, and Exctasy). Elements - Essential
parts of a crime are called its "elements".
All the elements of a crime must be proven by the
State beyond a reasonable doubt.
Evidence - Information
presented in testimony or in documents that is used
to persuade the fact finder (judge or jury) to decide
the case in favor of one side or the other.
Federal Public Defender
- An attorney employed by the federal courts on
a full-time basis to provide legal defense to defendants
who are unable to afford counsel. The judiciary
administers the federal defender program pursuant
to the Criminal Justice Act.
Felony - Crime punishable
by prison for more than one year. Punishment for
some felonies (capital felonies) includes either
life imprisonment or the death penalty.
Grand Jury - A body
of 16-23 citizens who listen to evidence of criminal
allegations, which is presented by the prosecutors,
and determine whether there is probable cause to
believe an individual committed an offense.
Hearsay - Statements
by a witness who did not see or hear the incident
in question but heard about it from someone else.
Hearsay is usually not admissible as evidence in
court.
Habeas Corpus - A writ
(court order) that is usually used to bring a prisoner
before the court to determine the legality of his
imprisonment. Someone imprisoned in state court
proceedings can file a petition in federal court
for a "writ of habeas corpus," seeking
to have the federal court review whether the state
has violated his or her rights under the U.S. Constitution.
Federal prisoners can file habeas petitions as well.
A writ of habeas corpus may also be used to bring
a person in custody before the court to give testimony
or to be prosecuted.
Hate Crimes - A criminal
offense committed against a person or property which
is motivated, in whole or in part, by the offender's
bias against a race, religion, disability, ethnicity/national
origin, or sexual orientation.
High and Aggravated
Misdemeanor - A higher level misdemeanor which carries
a punishment of a fine of up to $5000.00 or a jail
sentence of up to one year or both. When a crime
is deemed "high and aggravated", it generally
carries higher minimum punishment than a lesser
or "simple" misdemeanor.
Homicide - Murder and
non-negligent manslaughter are defined as the willful
(non-negligent) killing of one human being by another.
Not included in this definition are deaths caused
by negligence, suicides, or accidental deaths. Attempts
to commit murder are classified as aggravated assaults.
Impeachment
1. The process of calling
a witness's testimony into doubt. For example, if
the attorney can show that the witness may have
fabricated portions of his testimony, the witness
is said to be "impeached;"
2. The constitutional
process whereby the House of Representatives may
"impeach" (accuse of misconduct) high
officers of the federal government, who are then
tried by the Senate.
Indictment - The formal
charge issued by a grand jury stating that there
is enough evidence that the defendant committed
the crime to justify having a trial; it is used
primarily for felonies
Injunction - A court
order prohibiting a defendant from performing a
specific act, or compelling a defendant to perform
a specific act.
Jurisdiction
1. The legal authority
of a court to hear and decide a case;
2. The geographic area
over which the court has authority to decide cases.
Jurisprudence - The
study of law and the structure of the legal system.
Jury - The group of
persons selected to hear the evidence in a trial
and render a verdict on matters of fact.
Jury Instructions -
A judge's directions to the jury before it begins
deliberations regarding the factual questions it
must answer and the legal rules that it must apply.
Larceny (Theft) - The
unlawful taking, carrying, leading, or riding away
of property from the possession or constructive
possession of another.
Liquor Law Violations
- The violation of laws or ordinances prohibiting:
manufacture, sale, transporting, furnishing, possessing
of intoxicating liquor; maintaining unlawful drinking
places; bootlegging; operating a still; furnishing
liquor to a minor or intemperate person; using a
vehicle for illegal transportation of liquor; drinking
on a train or public conveyance; and all attempts
to commit any of the aforementioned. (Drunkenness
and driving under the influence are not included
in this definition.)
Magistrate Judge -
A judicial officer of a district court who conducts
initial proceedings in criminal cases, decides criminal
misdemeanor cases, conducts many pretrial civil
and criminal matters on behalf of district judges,
and decides civil cases with the consent of the
parties.
Misdemeanor - An offense
or crime which is not a felony. Punishment for a
misdemeanor is typically a fine or possibly jail
time of less than one year.
Mistrial - An invalid
trial, caused by fundamental error. When a mistrial
is declared, the trial must start again with the
selection of a new jury.
Motion - A request
by a litigant to a judge for a decision on an issue
relating to the case.
Motor Vehicle - A motor
vehicle is defined as a self-propelled vehicle that
runs on land and not on rails. Examples of motor
vehicles are automobiles, trucks, buses, motorcycles,
snowmobiles, golf carts, etc. Theft of farm equipment,
bulldozers, airplanes, boats, and construction equipment
are not included.
Motor Vehicle Theft
- Motor vehicle theft is defined as the theft or
attempted theft of a motor vehicle, including joy
riding.
Murder - Non-Negligent
Manslaughter - The killing of another person intentionally
and with premeditation.
Negligent Manslaughter
- The killing of one human being by another through
gross negligence.
Nolo Contendere - No
contest. A plea of nolo contendere has the same
effect as a plea of guilty, as far as the criminal
sentence is concerned, but may not be considered
as an admission of guilt for any other purpose.
Opinion - A judge's
written explanation of the decision of the court.
Oral Argument - An
opportunity for lawyers to summarize their position
before the court and also to answer the judges'
questions
Petit Jury (or trial
jury) - A group of citizens who hear the evidence
presented by both sides at trial and determine the
facts in dispute. Federal criminal juries consist
of 12 persons. Federal civil juries consist of at
least six persons.
Petty Offense - A federal
misdemeanor punishable by six months or less in
prison.
Plea - In a criminal
case, the defendant's statement pleading "guilty"
or "not guilty" in answer to the charges.
Pleadings - Written
statements filed with the court which describe a
party's legal or factual assertions about the case.
Precedent - A court
decision in an earlier case with facts and legal
issues similar to a dispute currently before a court.
Judges will generally "follow precedent"-meaning
that they use the principles established in earlier
cases to decide new cases that have similar facts
and raise similar legal issues. A judge will disregard
precedent if a party can show that the earlier case
was wrongly decided, or that it differed in some
significant way from the current case.
Pre-Sentence Report
- A report prepared by a court's probation officer,
after a person has been convicted of an offense,
summarizing for the court the background information
needed to determine the appropriate sentence.
Presumption of Innocence
- The Federal Constitution due process clause requires
that anyone charged with committing a crime is presumed
innocent until proven guilty by the State. Separate
guarantees are provided to citizens under their
State Constitutions.
Pre-Trial Conference
- A meeting of the judge and lawyers to plan the
trial, to discuss which matters should be presented
to the jury, to review proposed evidence and witnesses,
and to set a trial schedule. Typically, the judge
and the parties also discuss the possibility of
settlement of the case.
Pre-Trial Services
- A department of the district court that conducts
an investigation of a criminal defendant's background
in order to help a judge decide whether to release
the defendant into the community before trial.
Probation - A sentencing
alternative to imprisonment in which the court releases
convicted defendants under supervision of a probation
officer, who makes certain that the defendant follows
certain rules (e.g., gets a job, gets drug counseling,
etc.);
Probation Officer -
Officers of the probation office of a court. Probation
officer duties include conducting pre-sentence investigations,
preparing pre-sentence reports on convicted defendants,
and supervising released defendants
Pro Se - A Latin term
meaning "on one's own behalf"; in courts,
it refers to persons who present their own cases
without lawyers.
Prosecute - To charge
someone with a crime. A prosecutor tries a criminal
case on behalf of the government.
Record - A written
account of the proceedings in a case, including
all pleadings, evidence, and exhibits submitted
in the course of the case.
Remand - The act of
an appellate court sending a case to a lower court
for further proceedings.
Reverse - The act of
an appellate court setting aside the decision of
a trial court. A reversal is often accompanied by
a remand to the lower court for further proceedings.
Robbery - Robbery is
defined as the taking or attempting to take anything
of value under confrontational circumstances from
the control, custody or care of another person by
force or threat of force or violence and/or by putting
the victim in fear of immediate harm.
Sentence - The punishment
ordered by a court for a defendant convicted of
a crime.
Sentencing Guidelines
- A set of rules and principles established by the
United States Sentencing Commission that trial judges
use to determine the sentence for a convicted defendant.
Sequester - To separate.
Sometimes juries are sequestered from outside influences
during their deliberations.
Sex Offenses-Forcible
Any sexual act directed
against another person, forcibly and/or against
that person's will; or not forcibly or against the
person's will where the victim is incapable of giving
consent.
A. Forcible Rape-The
carnal knowledge of a person, forcibly and/or against
that person's will; or not forcibly or against the
person's will where the victim is incapable of giving
consent because of his/her temporary or permanent
mental or physical incapacity (or because of his/her
youth).
B. Forcible Sodomy-Oral
or anal sexual intercourse with another person,
forcibly and/or against that person's will; or not
forcibly against the persons will where the victim
is incapable of giving consent because of his/her
youth or because of his/her temporary or permanent
mental or physical incapacity.
C. Sexual Assault With
An Object-The use of an object or instrument to
unlawfully penetrate, however slightly, the genital
or anal opening of the body of another person, forcibly
and/or against that person's will; or not forcibly
or against the person's will; where the victim is
incapable of giving consent because of his/her youth
or because of his/her temporary or permanent mental
or physical incapacity.
D. Forcible Fondling-The
touching of the private body parts of another person
for the purpose of sexual gratification, forcibly
and/or against that person's will; or, not forcibly
or against the person's will where the victim is
incapable of giving consent because of his/her youth
or because of his/her temporary or permanent mental
incapacity.
Sex Offenses-Non-Forcible
Unlawful, non-forcible
sexual intercourse.
A. Incest-Non-forcible
sexual intercourse between persons who are related
to each other within the degrees wherein marriage
is prohibited by law.
B. Statutory Rape-Non-forcible
sexual intercourse with a person who is under the
statutory age of consent.
Statute - A law passed
by a legislature.
Subpoena - A command,
issued under authority of a court or other authorized
government entity, to a witness to appear and give
testimony.
Subpoena Duces Tecum
- A command to a witness to appear and produce documents.
Summary Judgment -
A decision made on the basis of statements and evidence
presented for the record without a trial. It is
used when it is not necessary to resolve any factual
disputes in the case.
Temporary Restraining
Order - Prohibits a person from taking an action
that is likely to cause irreparable harm. This differs
from an injunction in that it may be granted immediately,
without notice to the opposing party, and without
a hearing. It is intended to last only until a hearing
can be held. Sometimes referred to as a "T.R.O."
Testimony - Evidence
presented orally by witnesses during trials or before
grand juries.
Transcript - A written,
word-for-word record of what was said, either in
a proceeding such as a trial, or during some other
formal conversation, such as a hearing or oral deposition.
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. Attorney employs a staff of Assistant U.S.
Attorneys who appear as the government's attorneys
in individual cases.
Venue - The geographical
location in which a case is tried.
Verdict - The decision
of a trial jury or a judge that determines the guilt
or innocence of a criminal defendant, or that determines
the final outcome of a civil case.
Voir Dire - The process
by which judges and lawyers select a trial jury
from among those eligible to serve, by questioning
them to make certain that they would fairly decide
the case. "Voir dire" is a phrase meaning
"to speak the truth."
Warrant - A written
order authorizing official action by law enforcement
officials, usually directing them to arrest the
individual named in the warrant. A search warrant
orders that a specific location be searched for
items, which if found, can be used in court as evidence.
Weapon Law Violations
- The violation of laws or ordinances dealing with
weapon offenses, regulatory in nature, such as:
manufacture, sale, or possession of deadly weapons;
carrying deadly weapons, concealed or openly; furnishing
deadly weapons to minors; aliens possessing deadly
weapons; and all attempts to commit any of the aforementioned.
Witness - A person
called upon by either side in a lawsuit to give
testimony before the court or jury.
Writ - A formal written
command or order, issued by the court, requiring
the performance of a specific act.
Did You Know?
- In most cases,
the best way to protect your rights is to hire a South Dakota
attorney?
Got
questions? See what a South Dakota Criminal
Defense Attorney can do for you. Contact
us immediately
for a FREE case evaluation and answers
to your questions Find out
if you have a case and what
to do if you do.
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Attorney - Cities We Serve:
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