Legal Glossary
VictimLaw’s Legal Glossary provides common definitions of some of the most frequently used criminal justice terms. Despite variations across states, many of these terms have similar meanings in most jurisdictions. The following terms and phrases describe procedures and persons involved in the criminal justice process.
If the word you are looking for does not appear on this list, you can check the LAW.COM Dictionary or Nolo’s Law Dictionary websites.
Find a topic by its first letter:
A (8 Total)
Accused:
A person or persons formally charged but not yet put on trial for committing a crime.
Acquittal:
A legal judgment, based upon the decision of either a jury or judge, that a person accused of a crime is not guilty of the charges for which they have been tried.
Adjudication:
Making the judicial decision that ends a criminal proceeding by determining a case’s acquittal, conviction, or dismissal. This term is also used in juvenile proceedings.
Admissible evidence:
Relevant and proper evidence to consider in reaching a decision in court. Pre-trial hearings are often held to allow the judge to decide what evidence is admissible.
Affidavit:
A written, sworn statement in which the writer swears that the information stated therein is true.
Appeal:
A request by either the defense counsel or prosecutor in a case to have a higher court resolve a dispute with a judge’s decision.
Arraignment hearing:
A hearing in which a person charged with a crime is brought before the court to be advised of their constitutional rights and to plead guilty or not guilty to the criminal charges alleged in the indictment or information. Arraignment hearings are considered pre-trial hearings.
Arrest warrant:
An order made on behalf of the state, based on a complaint and signed by a judge, authorizing law enforcement to arrest a person who is thought to have committed a crime. A person who is arrested on a warrant stays in custody until bail or bond is posted or until released by a court order.
B (6 Total)
Bail hearing:
A hearing to determine whether an incarcerated defendant or convicted offender will be released from custody and what amount (if any) they must pay as a bond to assure their presence at future proceedings (e.g., trial). At bail hearings, the judge may also impose specific bail conditions (e.g., no contact with the victim or witness, participation in a mental health or drug treatment program). In some jurisdictions, these proceedings are referred to as “bond” hearings.
Bench:
Where the judge sits during court proceedings. The term is often also used to refer to the judge.
Bench trial:
A trial in which the judge hears the case without a jury and decides whether the accused is guilty.
Beyond a reasonable doubt:
The degree or standard of proof needed for a judge or jury to convict a person accused of a crime.
Bond hearing:
(See bail hearing.)
Burden of proof:
The requirement of the prosecutor or party bringing the case to show that all facts necessary to win the case are presented and probably true. In a criminal trial, the prosecutor’s “burden of proof” is to prove the accused’s guilt beyond a reasonable doubt.
C (20 Total)
Case law:
The law as formed by past court decisions, opinions, interpretations, or traditions.
Change of venue:
The transfer of a pending case from one county or district to another, often sought because of claimed prejudicial publicity in the original county or district.
Charge:
A formal accusation filed by the prosecution that a specific person has committed a specific crime, also referred to as ”pressing charges.”
Clemency:
The power of the U.S. president (in federal criminal cases) and the governor (in state cases) to show mercy or leniency by reducing the punishment for conviction of a crime.
Community supervision:
Supervised time in the community for a convicted offender, overseen by a probation or parole officer.
Commutation:
Reducing a criminal sentence by substituting a less severe punishment than that imposed by the court at sentencing. A government chief executive, generally a state governor or the U.S. president (in a case involving a federal crime), has the authority to commute a sentence.
Compensation:
The state-administered program that provides eligible victims of crime with recompense for their out-of-pocket financial losses directly resulting from the crime. The term “compensation” does not encompass restitution or the pursuit of civil claims or judgments.
Compensation award:
The sum of money ordered by the state victim compensation board or authority to pay to an eligible victim of crime as recompense for their out-of-pocket financial losses directly resulting from the crime.
Complaint:
A preliminary charge made by the state that a person has committed a specified offense.
Confidentiality:
A requirement that, to serve the interests of justice, certain facts about a proceeding or the nature of a proceeding be withheld from public discussion or scrutiny.
Contempt of court:
An action that the court determines to have attacked or undermined the court’s integrity. Examples include refusing to obey a court order or failing to pay a fine.
Continuance:
A delay or postponement of a court hearing. A case can be continued for good cause, such as illness or witness availability, or by mutual agreement between the prosecution and defense.
Conviction:
A judgment of the court based either on the decision of a jury or judge that the defendant is guilty of the crime for which they were tried.
Corroborating witness:
A person who can give information that supports the statements made by either the victim or witness or the accused.
Count:
Each separate offense listed in a complaint, information, or indictment accusing a person of committing a crime.
Crime:
A violation of the law of a state or other jurisdiction.
Criminal:
(1) A person who a court convicts of committing a crime (noun).
(2) Certain acts or people involved in or relating to a crime (e.g., a criminal proceeding or criminal court) (adjective).
Criminal justice system:
The coordinated network of government agencies responsible for law enforcement, prosecution, defense, trial, and the punishment and supervision of individuals accused or convicted of violating the criminal law in a state or jurisdiction.
Criminal trial:
A judicial proceeding before a court to determine the guilt of a party charged with a crime.
Cross-examination:
The questioning of a witness by an opposing party (i.e., the prosecution or defense counsel).
D (6 Total)
Defendant:
A person who has been formally charged by a court with committing a specific crime.
Defense counsel:
The lawyer who represents the defendant in a legal proceeding. Under the U.S. Constitution’s sixth amendment, all persons accused of a crime have a right to counsel (i.e., a lawyer). The defense counsel is also sometimes referred to as the defense “attorney.”
Deposition:
A witness’s sworn testimony taken outside of court in the presence of the attorneys for the prosecution and defense. A deposition can be used at trial to impeach or discredit a witness’s testimony or can be read to a jury if the witness is unavailable. In a civil case, depositions are used to establish the facts of the case before trial or settlement.
Dismissal:
A judge’s decision to end a case for legal or other reasons. A dismissal may be with prejudice (can never be filed again) or without prejudice (can be filed again if the defendant does not follow through on the terms of the settlement).
Docket:
Brief notes, usually by the court clerk, stating what action was taken that day in court; the formal record maintained in brief of the court proceedings. The “trial docket” sometimes refers to the list of cases to be tried on any given day or in a specified time period.
Due process:
A fundamental principle of fairness in all civil and criminal legal matters, especially in the courts. Due process requires that all legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result.
E (3 Total)
Enforce:
To put into execution; to cause to take effect or to make effective; to compel obedience to a law, rule, or order. To “enforce” a victim’s right is to uphold and apply it in real-life situations.
Evidence:
Every type of proof, including oral testimony of witnesses, documents, public records, objects, photographs, and depositions, used to establish one’s case or corroborate the statements made by the victim, the accused, or other witnesses.
Exercise:
To utilize or make use of. By exercising a right, the holder brings that right into play.
F (2 Total)
Felony:
A serious crime potentially punishable by a state or federal prison term of more than 1 year.
Final disposition:
A court’s conclusive determination of a lawsuit or criminal charge that settles the issues and rights of all interested parties.
G (3 Total)
Grand jury:
A collection of citizens called to serve on a jury whose duty it is to examine the evidence supporting charges alleged by law enforcement and/or the prosecutor and to determine if the charges are sufficient to warrant a subsequent criminal trial.
Grand jury hearing:
A hearing during which the grand jury examines the evidence supporting charges alleged by law enforcement and/or the prosecutor to determine if the charges are sufficient to warrant a subsequent criminal trial.
Guilty:
A verdict of a judge or jury that a person accused of committing a crime did, indeed, commit that crime.
H (4 Total)
Habeas corpus:
A legal action by which detainees can challenge the lawfulness of their imprisonment. A “writ of habeas corpus” can be employed procedurally in federal district courts to challenge the constitutionality of a state court conviction but does not determine the prisoner’s guilt or innocence.
Hearing:
A legal proceeding in which arguments, witnesses, and/or evidence are heard by a judge or administrative body.
Hearsay:
A witness’s testimony, not from personal knowledge but from what the witness has heard another person say.
Hung jury:
A jury whose members cannot agree whether the accused is guilty or not guilty.
I (3 Total)
Indictment:
The formal charging document presented by the prosecution to a grand jury. The grand jury may then issue the indictment if it believes that the accusation, if proven, would lead to a conviction.
Information:
The formal charging document issued by a prosecuting attorney with no grand jury involvement.
Injunction:
A court order mandating someone to do something or prohibiting some act. An injunction is generally issued only after a court hearing in which both parties are given an opportunity to convince the judge why the injunction should or should not be granted.
J (3 Total)
Jail:
The local facility where persons in lawful custody are held. Defendants awaiting trial and defendants convicted of lesser crimes are held in jail, as opposed to prison.
Judicial officer or judge:
An officer of the court who determines causes between parties or renders decisions in a judicial capacity. The judge generally decides questions of law, as opposed to questions of fact, which are determined by a jury. However, the judge would also act as the fact-finder in cases where a jury trial is waived.
Jury:
A panel of citizens selected by the prosecution, defense, and judge and sworn to determine certain facts by listening to testimony to decide whether the accused is guilty or not.
M (3 Total)
Misdemeanor:
A crime that is less serious than a felony and for which the punishment can be imprisonment for 1 year or less, usually in a jail or other local facility, and/or a fine.
Mistrial:
The termination of a trial before its normal conclusion or a finding that a trial is invalid because of a procedural error. A mistrial may result when a jury is deadlocked and cannot reach a verdict after lengthy deliberation (a “hung jury”). In the case of a mistrial, a new trial may be held.
Motion:
A verbal or written request made by the prosecutor or defense attorney before, during, or after a trial, which the court responds to by issuing a rule or an order.
N (4 Total)
No contact order:
An order forbidding the alleged or convicted offender to have any contact with the victim, other people connected to the victim, or witnesses or to act in a way contrary to those people’s interests.
Nolo contendere:
A defendant’s formal answer in court to the charges in which the defendant states that they do not contest the charges. The nolo contendere plea is not an admission of guilt but carries the same legal consequences as a guilty plea.
Not guilty:
A verdict by a judge or jury that a person accused of a crime did not commit it or that not enough evidence exists to prove beyond a reasonable doubt that the accused committed the crime.
Notice:
An official means of providing information, in oral or written form, to an identified party regarding their rights or interests (e.g., a letter stating the date, time, and location of a parole hearing; a telephone call informing a victim about the outcome of a sentencing hearing; an automated telephone call informing the victim of the escape of their accused offender).
O (1 Total)
Objection
A protest or argument made concerning the activity of the other party (i.e., prosecution or defense counsel) in court. The judge can overrule or sustain an objection.
P (17 Total)
Pardon:
An official release from responsibility and consequences for a crime, usually granted by a government’s chief executive.
Parole:
Release of a convicted offender from imprisonment but not from legal custody and supervision by the corrections system. Persons under parole supervision (parolees) are subject to conditions to reduce recidivism and promote victim and public safety. A parole officer or agent generally supervises parolees.
Parole revocation:
The termination of parole and the return to custody (jail or prison) of an offender under parole supervision when probable cause is found that the offender has violated the conditions of their parole (e.g., disobeying a protective order, possessing a weapon, using alcohol or other drugs, committing a new offense).
Plea:
In a criminal case, the defendant’s statement pleading “guilty” or “not guilty” in answer to the charges in open court. A plea of nolo contendere or an Alford plea may also be made. A guilty plea allows the defendant to forego a trial.
Plea agreement:
An agreement whereby the defense counsel and the prosecutor in a criminal case negotiate a mutually acceptable disposition of the case subject to court approval. A plea agreement may involve the defendant’s plea of guilty to a lesser offense or a recommendation for a lighter sentence.
Plea agreement hearing:
A hearing where the prosecutor and defense counsel submit a plea agreement to the court for its approval.
Post-conviction hearing or proceedings:
Legal proceedings relating to the post-conviction review of a case following conviction and direct appellate review. Typically, the grounds for relief under these proceedings are limited and different from those on appeal of a conviction.
Preliminary hearing:
A legal proceeding before a judge in which arguments, witnesses, and/or evidence are presented to determine if there is sufficient probable cause to hold the accused for trial. It is sometimes called a “probable cause” hearing.
Pre-sentence investigation (PSI):
The collection of information about the defendant’s criminal history and personal background and how the victim(s) were affected physically, financially, emotionally, and spiritually. A probation officer usually conducts a PSI after a plea or guilty verdict but before sentencing so the judge can impose a proper sentence by learning more about the defendant and the crime’s impact on the victim. Upon completion of the PSI, a pre-sentence investigation report is provided to the court.
Pre-trial release hearing:
Any hearing to determine whether the defendant will be released from custody before the trial (i.e., bail or bond hearing).
Prison:
State or federal facilities where persons convicted of a felony (or multiple felonies) are held. State departments of corrections (or similar organizations) oversee the management of prisons.
Probable cause:
The degree of proof needed to arrest and begin prosecution against a person suspected of committing a crime. The evidence must be such that a reasonable person would believe that this specific crime was committed and that it is probable that the person being accused committed that crime.
Proceeding:
A formal process conducted before the court or judicial officer. (e.g., hearings, trials, conferences).
Pro se:
A Latin term meaning “for self,” applicable to someone who represents themselves without a lawyer in a court proceeding. Although the U.S. Constitution guarantees criminal defendants the right to an attorney, defendants may waive that right. In some cases, the court may require that an attorney be present to advise the defendant if they seek advice.
Probation:
Conditional freedom granted to an offender by the court after conviction or a guilty plea. The court may impose requirements for the offender’s behavior, generally referred to as “conditions of probation.” An offender is usually required to report periodically to the probation officer supervising their case. An offender who violates their probation conditions may have their probation revoked and face jail or prison time.
Prosecutor:
A lawyer employed by the government or elected by the people to represent the general public’s interests in court proceedings against people accused of committing crimes.
Protective order:
The generic term for an order issued by a court of appropriate jurisdiction forbidding a party from engaging in some proscribed activity. A protective order may be referred to in some jurisdictions as a “stay-away,” “no-contact,” or “restraining” order.
R (3 Total)
Recusal:
An action taken by any court official, including a judge, to disqualify or withdraw from a case in which their impartiality might be questioned.
Release hearing:
A hearing to determine whether to grant, and on what basis to grant, an incarcerated or accused defendant limited, temporary, or permanent release (e.g., work release or temporary release for a family emergency, medical treatment, vocational training, or to attend legal proceedings).
Restitution:
A court-ordered sentence condition requiring a convicted offender to repay the victim money or services for the monetary losses that resulted from the crime committed by that offender.
S (7 Total)
Sentence:
The punishment imposed upon a person convicted of a crime. A sentence can include jail or prison time, fines, community service, restitution, a term of probation, or other punishment.
Sentence, concurrent:
Sentences that run or are served at the same time.
Sentence, consecutive:
Sentences that run or are served one after the other.
Statute:
Any law passed by a state, U.S. territory, or federal legislative body.
Stay away order:
An order from a court of appropriate jurisdiction forbidding a party in a legal action (criminal or civil) from having direct or indirect contact with another party. Violations are usually classified and enforced as contempt of court.
Subpoena:
A court order requiring a person to appear in court on a specified day and time to give testimony. A subpoena may also include an order to produce documents or records. Failure to appear constitutes contempt of court.
Summons:
A court order used to bring a person accused of a crime who is not in custody to court.
T (3 Total)
Testimony:
Evidence given by a competent witness under oath, as distinguished from evidence derived from writings and other sources.
Transcript:
The official record of proceedings of a trial or hearing.
Trial:
A judicial examination of a civil or criminal case to resolve issues of law or fact between parties in accordance with the law of the land and before a court that has proper jurisdiction.
V (2 Total)
Victim impact statement:
A written or verbal statement of a victim’s views about the physical, financial, emotional, and spiritual impact of a crime on their life and the lives of families and loved ones, offered to the court or other decision-making body mostly during sentencing or release consideration hearings. Victim impact statements may include the victim’s opinion about the risks of releasing the accused or convicted defendant and/or the victim’s recommendation of an appropriate sentence.
Voir dire:
A procedure in which the prosecutor and defense attorney question prospective jurors to pick a jury.
W (2 Total)
Waiver:
The voluntary surrender of a right, claim, or privilege.
Warrant:
A court order directing a law enforcement officer to make an arrest, a search, or a seizure.