Glossary of Legal Terms

A

Accused

A person who has been charged with committing a crime but has not yet been tried.

Acquittal

A judgment finding that a defendant is not guilty of committing a particular crime.

Aggravating Circumstances

Facts about the case that tend to increase the severity of the crime. Examples of aggravating circumstances are a history of committing violent crimes or the same kind of crime, and the use of particular kinds of weapons in the commission of the crime.

Appeal

To take a case to a higher court for review of the correctness of the rulings or decisions of a lower court.

Arraignment

The initial court hearings during which the accused is informed of his or her rights, read the charges that have been filed against him or her, and asked to enter a plea of guilty or not guilty. At the arraignment, the sitting judge also finds out if the accused person will hire his or her own attorney or will need a public defender to be appointed, and assigns the case to another judge. In all cases with the exception of murder, bond will also be set at the arraignment hearing.

Arrest

To take a person suspected of committing a crime into custody so that he or she can be charged with committing the crime.

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B

Bail

A sum of money that the defendant is required to give to the court in order to secure freedom until the date of the trial or hearing, usually a percentage of the set bond amount. Bail is posted to guarantee that the defendant will appear at the time and date set by the judge. If the defendant does not appear, the bail is forfeited to the court.

Bench Trial

A trial with no jury; the judge alone decides on the verdict.

Bench Warrant

Process issued by the Court for the arrest of a defendant who does not appear at a trial or hearing, or who does not obey a subpoena.

Beyond a Reasonable Doubt

The standard for the burden of proof required of the Prosecution in a criminal case. Reasonable doubt is, as the name implies, doubt for which the person can give a reason. It is a doubt that would cause a juror, after careful and unbiased consideration of the facts presented during trial, to be so undecided that he or she cannot say that he or she is convinced of a defendant's guilt. Reasonable doubt does not include all possible doubts, only those that can be based upon reason.

Burden of Proof

The requirement that a particular party must persuade the judge or jury by evidence of the truth of his or her proposition in a case. In criminal cases, the burden of proof is on the prosecution.

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C

Charge

An accusation made against the accused that he or she committed a particular crime.

Contempt of Court

A disruption of court proceedings or disobedience of a proper verbal order by a judge. A person found in contempt of court may be removed from the courtroom or arrested.

Continuance

A postponement of the hearing of a case; not hearing the case on the scheduled date. Continuances are requested by either the prosecution or the defendant, and are allowed at the court's discretion. Continuances may also occur if there is a scheduling conflict in the court and the case cannot be tried on the date that it was originally scheduled.

Conviction

A judgment finding the defendant guilty of committing the crime with which he or she has been charged.

Court

An agency of the judicial branch of the government, which has the constitutional authority to decide questions of law and disputes brought before it.

Criminal Law

The law relating to crimes. Violations of criminal law are remedied by criminal prosecutions, brought by a public official (prosecutor).

Cross Examination

The questioning of a witness during a trial or hearing by the party other than the party that called the witness. For example, any questions asked of the prosecution's witnesses by the defendant (or his or her attorney) are considered cross-examination.

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D

Default

A situation where the defendant has failed to appear in court at the designated time. Judgment can be entered against the defendant in situations of default, but this is up to the court's discretion.

Defendant

A person who has been charged with a crime and is now on trial.

Defense Attorney

The lawyer who represents the defendant.

Detention

Holding the accused in jail after he or she has been arrested and before the arraignment hearing, usually no more than 72 hours. Pre-trial detention is keeping the defendant in jail between the arraignment hearing and the trial date because he or she was unable to post bail money or is too dangerous to be released (did not qualify for bail).

Disposition

The final outcome of a case; the determination by the judge of the sentence that the offender will serve.

Diversion

Pre-prosecution probation made available to lesser offenders as an alternative to standard prosecution and sentencing. The court and the prosecutor jointly decide that the offender and society will be better served by diverting the offender into a program of rehabilitation instead of jail time.

Docket

The "day book" of the court; a list of all cases to be heard each day, or the list of cases that are pending.

Due Process of Law

The exercise of the powers of the government under safeguards to protect the rights of the individual. Procedural due process is the right to have notice of all charges against you and to be given an opportunity to be head and to defend yourself in an orderly proceeding. Substantive due process protects your rights to marry, contract, pursue a chosen vocation/education, etc. The right to due process is protected by the Fifth Amendment and the Fourteenth Amendment to the United States Constitution.

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E

Equal Protection of the Law

A phrase from the Fourteenth Amendment to the United States Constitution. It requires that the laws be equally applied and the courts permit full access to all persons regardless of race, age, gender, etc. Any law involving a classification based on race, age, gender, or another characteristic must show that it accomplishes a legitimate state goal in order to be upheld.

Exclusionary Rule

The exclusion of any evidence that was obtained illegally.

Evidence

Testimony and objects presented by the prosecutor and the defense during trial.

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F

Felony

A crime more serious than a misdemeanor. In Indiana, a felony is punishable by at least 180 days in prison, although some or all of the sentence may be suspended.