Criminal Courts

Juvenile court

Court specifically established by legislation to hear criminal cases who are under the age of 18, depending upon the state's definition of who is considered to be a minor.

Official reporter

Each high court designates a publisher as its official reporter that will publish its decisions.

Appellant

On appeal the defendant is referred as., One who appeals a case.

Appelle

On appeal, the government is referred as, The party against whom an appeal is filed.

Embezzlement

Wrongfully taking government money or property.

Separation of witnesses

A court order, requested by one of the parties during a hearing, which requires all witnesses who may testify at the hearing to remain outside the courtroom until each is called to testify and to not discuss their testimony. In federal criminal cases, the defendant and the investigating case agent may remain in the courtroom.

Indigent defendant

A defendant who lacks the resources to afford to hire his or her attorney.

Alibi

A defense claim that the accused was somewhere else at the time a crime was committed.

Arraignment

A hearing before a court having jurisdiction in which the identity of the defendant is established, the defendant is informed of the charges and of his or her rights, and in some states the defendant is required to enter a plea.

Concurring opinion

A judge's agreement with the majority's conclusion but for different reasons.

Voir dire

A process of asking questions regarding the juror's background, to exclude jurors who may be biased for or against one side or the other based upon financial or personal interests as well as prior knowledge of the case through media reports.

Leading questions

A question that suggests the answer within the question: "Isn't it true that you were going 50mph?"

Hearsay

A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

Closing arguments

A summary of the evidence.

Habeas corpus

A writ that orders the custodian of a prisoner to appear in court and explain why the individual is being held in confinement

Brief

A written pleading prepared by each side in a lawsuit or criminal prosecution, usually presented to an appellate court to explain and argue to the court its view of the facts, its interpretation of the applicable law, and the conclusions the court should reach.

Indictment

A written statement charging the defendant or defendants named therein with the commission of an indictable offense, presented to the court by a grand jury, endorsed "A True Bill," and signed by the foreperson. The term indictment includes presentment.

Municipal courts

According to the judicial organization of some states, these are courts whose territorial authority is confined to a city or community and whose jurisdiction includes hearing only petty offenses and civil violations of municipal codes and zoning ordinances.

Declarant

An individual making a statement generally in a legal document or while testifying at a trial or other legal hearing.

Grand jury

An investigative body that meets to determine whether there is sufficient evidence to support and indictment against a defendant. The grand jury may also investigate the conduct of public officials and agencies.

Sheriff

An officer of a county, often chose by popular election, whose principal duties are to aid the courts. In criminal cases, the sheriff serves processes (such as subpoenas), summons juries and executes judgments (by incarceration defendants in county jails).

Summon

An order issued by a judicial officer or, pursuant to the authorization of a judicial officer, by the clerk of a court, requiring a person against whom a criminal charge has been filed to appear in a designated court at a specified date and time.

Rule of 80

Basis on which federal judge can retire or to senior status.

Rebuttal witness

Called to refute testimonies of prosecution witnesses.

Acquittal

Failure to prove beyond a reasonable doubt any of the elements of the offense.

Legal citations

Forms of shorthand used to assist in location legal sources.

Jury

In a criminal prosecution, 12 persons plus some alternates, selected from lists of registered voters or licensed drivers, who are sworn to listen to the evidence admitted into court, consider no matters outside of court, and determine the facts by rendering a verdict at the conclusion of deliberations.

Dissenting opinion

Judge's opposing views from the majority.

Legal digests

Legal reference books that identify and consolidate similar issues by topical arrangement.

Competency

Refers to an accused mental state at trial time. A defendant must be able to assist his or her counsel in defending the case.

Bond

Set if the defendant is eligible for a pretrial release.

Who appoints federal judges?

Supreme court justices, court of appeals judges, and district court judges are nominated by the president and confirmed by the United States senate, as stated in the constitution.

Counts

The alleged violations of federal statutes committed by the defendants.

Reasonable doubt

The burden of proof that is required before a defendant may be convicted of a crime. The burden is on the prosecution to prove a fact with a high degree of certainty.

Elements of the offenses

The components parts, often defined by statute which must be proven to establish a violation of the criminal code.

What are the qualifications for becoming a federal judge?

The constitution sets forth no specific requirements.

Majority opinion

The decision of the case.

Fifth amendment of the united states constitution

The defendant is not required to testify.

Cross examination

The examination of a witness by the party that did not call the witness; used to weaken the witness's testimony.

Judgment

The final disposition of a civil lawsuit or criminal prosecution.

Venue

The geographical location of the trial; the judicial district or county in which the trial should be conducted.

Direct examination

The initial questioning of a witness by the party that original called the witness.

Jurisdiction

The jurisdiction of a court is its power and authority to hear a case and legitimately render a decision that is binding upon the parties. The jurisdiction of a court is established by the provisions in a constitution and by legislation.

Due process model

The model of criminal justice that stresses the importance of individual rights and presumption of innocence.

Crime control model of justice

The model that advocates that crime control is the most important goal of the criminal justice system.

Case law

The phrase used to indicate appellate court interpretations of the law.

Adversary system

The process of litigation in trials and on appeals used in the United States, which depends upon each opposing side to present its case and argue its contentions before the court so the court can rely upon the parties' efforts to present the facts and the legal considerations.

Sentence

The punishment ordered by a court for a defendant convicted ofa crime, which may include incarceration and a monetary fine.

Plain error rule

The rule that an appellate court may only consider a judicial ruling on the evidence that was not objected to at trial, if the ruling was clearly wrong and prejudiced the defendant.

Recusal

The withdrawal or disqualification of a judge from hearing a case because of the judge's personal interests, financial holdings, or other conflicts of interest, which may create an impression that the judge is unfair or biased.

Expert witness

The witness must be qualified with having knowledge of the technical subject matter through special training or experience in the field.

Fact witnesses

They are limited to providing testimony regarding what they saw and heard and other relevant sensory perceptions.

National reporter system

West Publishing company's case reporting system that includes decisions of all state and federal appellate courts and selected trial court opinions.

Law

When used in a generic sense, means the rules of action or conduct duly prescribed by controlling authority, and having binding legal force, including valid municipal ordinances as well as statutes.

Misdemeanor

less serious criminal offense, as compared to a felony, which is usually punishable by a sentence of one year or less. Such sentences are usually served in county jails.

How is a chief judge selected?

one is not nominated or appointed to the position of chief judge (except for the Chief Justice of the United States); they assume the position based on seniority.