Criminal Law Terminology

Criminal law is a system of laws designed to punish individuals who commit crimes. For those interested in becoming a criminal lawyer, it’s important to understand the terminology often used in a criminal court of law.

Accused: A person who has been charged formally but has yet to be tried

Acquittal: A verdict from the jury that a criminal defendant is not guilty after the evidence has been deemed insufficient to support conviction

Admissible Evidence: Evidence that can be used in court and can be considered by a judge or jury because it has been deemed reliable

Admission: A confession or acknowledgment of guilt

Allegation: A claim of what the party intends to prove

Appeal: A request made by the defense team or state to be reviewed by a higher court of appeals

Arraignment: A defendant’s appearance in court to enter their plea to the charges

Bail: The release of a person accused of a crime before the trial with special conditions meant to ensure the person’s future court appearance. Bail can also refer to the bond money posted to secure the person’s release.

Bench Trial: A trial without a jury. In this type of trial, the judge is the fact-finder.

Brief: A written legal statement submitted during the trial that explains the arguments of one person’s side

Burden of Proof: The duty to prove facts that are in dispute

Capital Offense: A crime punishable by the death penalty

Charge: A formal accusation or indictment filed by a prosecutor’s office that states that a person has committed a specific crime

Circumstantial Evidence: Any evidence except for eyewitness testimony, such as physical evidence like fingerprints

Coercion: The use of physical force or threats in order to make somebody commit an act against their will

Corroborating Evidence: Supplementary evidence that strengthens or confirms the initial evidence

Cross-Examination: The act of questioning a witness by the other side

Deferred Sentence: The postponement of a sentence to another date

Deposition: An oral statement made in front of an authorized law officer. These statements are used to examine potential witnesses, obtain discovery, or refer to later in the trial.

Discovery: Pretrial phase in which both parties obtain facts and information about the case from each other in order to assist in preparation for the trial

Exhibit: A document or item introduced as evidence for the trial

Evidence: Information presented in testimony or documents to persuade the judge or jury to decide the case a certain way

Expunge: The act of intentionally destroying or striking out records or information in files, computers, and other places

Eyewitness: A person who saw the crime taking place

Finding: A formal conclusion by a judge or jury on issues of fact

Grand Jury: A group of people who attend pretrial hearings and review evidence to see if there is enough information to bring a case to trial

Hearing: A legal proceeding held before a judge that is not a trial. At a hearing, evidence and arguments may be presented in order to resolve a dispute.

Hung Jury: A jury that is unable to unanimously agree on whether or not the accused is guilty

Immunity: An assurance granted by the court that a person will not be prosecuted in exchange for providing evidence

Inadmissible: Evidence that cannot be introduced in court

Indictment: A formal written accusation filed in court by a grand jury that alleges that a person has committed a crime

Interrogation: Questioning of a suspect currently in custody, usually by the police

Judgment: The official document of a judge’s decision in a case

Jury: A group of people chosen to hear evidence in a trial and help decide the verdict

Lawsuit: A legal action by a plaintiff against a defendant

Leniency: The recommendation of a sentence that is less than the maximum allowed

Material Evidence: Objects and information relevant to the issues in a case

Mistrial: A trial claimed to be invalid due to fundamental errors in procedure or a hung jury. In the event of a mistrial, the judge can schedule a retrial at a later date.

Objection: The process of one party taking exception to a statement or procedure. A judge can choose to allow the objection or overrule it.

Plea: The statement by a criminal defendant in open court of whether they are guilty or not guilty

Probation: An alternative to imprisonment where the guilty party can stay in the community under specific conditions and supervision by a probation officer

Sentence: The court-ordered punishment for a defendant convicted of a crime

Subpoena: A command for an eyewitness to come to court to testify

Testimony: Evidence given by an eyewitness under oath

Trial: A courtroom proceeding presided over by a judge that will hear evidence and determine whether a person is guilty or not

Witness: A person who personally sees or hears the crime. This person will be called upon to testify about what they saw happen.

Writ: A judicial order that directs a person to do a specific task

Learning Criminal Law