Criminal Law (duhaime. org)

Abduction

To take someone away from a place without that person's consent, or by fraud

Aberemurder

A spontaneous and gratuitous murder

Aberratio Ictus

Latin: the accidental harm to a person; eg perpetrator aims at X but by chance or lack of skill hits Y

Abet

Encouraging or inciting another to do a certain thing, such as a crime

Abortion

The expulsion of a fetus from the uterus before it is viable

Absolute Discharge

A sentence of a person guilty of a crime in which the accused is deemed to have not been convicted. In bankruptcy law, to be fully absolved of former debts and the status of bankrupt

Absolute Liability

Offences in which it is not open to a person to avoid liability on the ground that she or he acted under a reasonable mistake of fact which, if the facts had been as the accused believed them to be, would have made his act innocent

Abstract Instruction

An instruction given to a jury which though correct in law, is irrelevant

Abuse

Physical or nonphysical misuse or maltreatment or use or treatment so as to injure, hurt, or damage

Accessory

Persons who aid or abet the principal offender in the commission of the offence, before or after

Accomplice

Person(s) that aids, abets, advises, or encourages the commission of the crime

Accusare Nemo Se Debet Nisi Coram Deo

Latin: no man is obliged to accusehimself except before God

Accusation

The formal criminal charge against a person which specifies the essential ingredients in regards to the alleged offence such as time and place and the relevant reference to the criminal law allegedly breached

Accused

A person to whom a formal information containing an allegation of a criminal offence has been delivered, or a person arrested for a criminal offence

Acquittal

A decision by a judge that a person accused of a crime is not guilty

Active Euthanasia

The taking of active measures to cut short the life of a terminally ill patient

Actus Reus

Latin: a prohibited act

Actus Reus Non Facit Reum Nisi Mens Sit Rea

Latin: conviction of a crime requires proof of a criminal act and intent

Administration of Justice

The personnel, activity and structure of the justice system - courts and police - in the detection, investigation, apprehension, interviewing and trial of persons suspected of crime

Affray

A fight between two or more persons in a public place so as to cause terror to the public

Aggression

Unjustified use of force against the territorial integrity of another state

Air of Reality Test

A pre-requisite test against which a proposed defence to a criminal charge is weighed; that any proposed defence must at least have an evidential foundation

Alibi

A defence to a criminal charge to the effect that the accused was elsewhere than at the scene of the alleged crime

Alternative Measures

Canada; a much lighter disposition of a criminal charge regarding an adult accused who would be prepared to plead guilty and which does not result in a criminal record or incarceration but instead usually results in a mild penalty such as community service, an apology to the victim or counseling

Amnesty

A general pardon extended by the government to those persons facing prosecution for, or convicted of specified criminal offences

Animus Furandi

Latin: an intent to do wrong

Antisocial Personality Disorder

A pervasive pattern of disregard for and violation of the rights of others

Apostacy

The ancient criminal offence of atheism or not being Christian, or of denying the doctrines of a state religion

Approver

A person who confesses a felony and confesses an accomplice

Arbuckle Rights

The right of an accused to be sentenced by the judge who took his guilty plea

Armed Robbery

Robbery committed while the person accused is armed with a dangerous weapon

Arraignment

The formal appearance of an accused person to hear, and to receive a copy of, the charge against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty

Arrest

The detainment or restraint of a person or thing for the purposes of determining legal rights as regards a thing, or suspicion of criminal activity as regards a person

Arson

The intentional setting of a fire to a building

Assault

The touching of another person with an intent to harm, without that person's consent

Assisted Suicide

An attempt to take one's own life with the intentional assistance of another person

Attaint of Blood

The additional personal penalties imposed on the estate of an individual convicted of high treason

Automatism

An act done by a person who is not conscious of what he is doing

Autrefois Acquit

Previously acquitted; an accused cannot be tried for a crime because the record shows he has already been subjected to trial for the same conduct and was acquitted

Bail

The pledge of cash or property to secure the release of a thing or person which would otherwise be held in custody

Bailiff

A person acting with legal authority in the seizure of personal property; and, also, the official in each courtroom who attends to security within

Barrator

A person who, on more than one occasion, incites litigation or spreads false rumours

Barratry

An intentional wrongful act committed by the crew or master of a ship to the prejudice of the owner or the charterer

Battered Woman Syndrome

A species of self-defence to manslaughter or murder in which expert evidence is led to demonstrate that a female defendant in an abusive relationship comes to believe that to save herself she must kill her husband first

Battering Cycle

A three-phase cycle of violent behavior within a spousal relationship

Battery

Offensive and intentional contact, direct or indirect, which causes injury

Bawdy House

A brothel; an establishment of ill repute - within which occur acts of prostitution or lewd sex

Bench

A judge in court session

Bigamy

Being married to more than one person at the same time; a criminal offence in most jurisdictions

Bill of Attainder

Conviction and sentence to death directly by statute, as opposed to resulting from trial

Blasphemy

The scurrilous, deriding or intemperate expression of dissent or criticism of God or a state's official religion

Blue Ribbon Jury

A jury consisting of highly qualified persons

Bootlegging

The making of an unauthorized copy of a commercially unreleased performance

Booze Can

An establishment wherein liquor is sold without a permit and after legal bar hours

Brady Rule

The suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or punishment

Break and Enter

A burglary; to break and enter onto another's premises, land or real property with the intent to there commit a crime, most typically theft

Breathalyzer

A device which records alcohol impairment

Bribery

A secret payment to a public officer in exchange for preferential treatment

Buggery

Synonymous with sodomy and referring to 'unnatural' sex acts, including copulation, either between two persons of the same sex or between a person and an animal

Bullying

Repeated, persistent and aggressive behaviour intended to cause fear, distress, or harm to another person's body, emotions, self-esteem or reputation

Burden of Proof

A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court

Burglary

Breaking and entering a residence for the intention of committing a crime or while lawfully within, commit a crime and to thereafter break out

Capital Offence

A criminal offence for which the punishment, or one of the punishments, is death, capital punishment

Capital Punishment

The most severe of all sentences: that of death

Carrier's Case

A monumental 1473 English case which extended the offence of theft (then called larceny) to include a carrier of goods who, initially lawfully in possession, converts goods to his own use

Car Ringing

The movement of stolen vehicles through to sale to unsuspecting new purchasers

Cartel

An agreement between two or more merchants to create or control a monopoly, to lessen or prevent competition

Causation

The cause and effect relationship between an act or omission and damages alleged in a tort or personal injury action

Challenge for Cause

A challenge of a prospective juror for which the cause is disclosed by the challenging party (or their lawyer), and submitted to the Court for decision

Chaste

A person who has never voluntarily had sexual intercourse outside of marriage such as unmarried virgins

Circumstantial Evidence

Evidence which may allow a judge or jury to deduce a certain fact from other facts which have been proven

Citation

An order of a court to either do a certain thing or to appear before it to answer charges

Citizen Informant

An ordinary citizen who has witnessed a crime and then reports it to law enforcement officials

Citizen's Arrest

Detainment of a person suspected of having committed a crime, by a person other than a police officer

Clandestine

Something purposely kept from the view or knowledge of others either in violation of the law or to conduct or conceal some illegal purpose

Collusion

A secret agreement between two or more persons, who seem to have conflicting interests, to abuse the law or the legal system, deceive a court or to defraud a third party

Common Law

Judge-declared law, Law which exists and applies to a group on the basis of customs and legal precedents developed over hundreds of years in Britain

Common Scold

The now extinct offence of an angry woman who, by brawling and wrangling amongst her neighbours, disturbs the public peace

Community Custody

The serving of part of an offender's confinement served in the community while the offender is strictly monitored

Commutation

The reduction of a sentence by the government

Competency

An individual's ability to understand the nature and object of legal proceedings being presented, and to consult with counsel

Complicated Design Evidence

Circumstantial proof of deliberation in a first degree murder case, that in the absence of evidence of planning, the complicated manner of the crime shows that the murder could not have been spur-of-the-moment

Complicity

Accountable for a criminal offense committed by another due to previous knowledge of other's crime

Concurrent Sentence

A sentence which runs with another

Conditional Discharge

A sentence of a person found guilty of a crime in which upon completion of specified actions by the accused, no criminal record issues as regards the offense for which a conditional discharge was granted

Conditional Sentence

A sentence of a person convicted of a crime which allow that person to serve his sentence whilst continuing to reside within his/her community, subject to supervision and reporting, and fully recoverable in the event of breach of those conditions

Confession

A statement made by a person suspected or charged with a crime, that he (or she) did, in fact, commit that crime

Confrontation Clause

The constitutional guarantee in the Sixth Amendment to the United States Constitution which requires that an accused person have the right to be confronted with the witnesses against him

Consanguinity

Common blood, descendants of a same common ancestor

Consecutive Sentences

Sentences which run one after the other

Conspiracy

An agreement between two or more persons to commit a criminal act

Consultation Circle

A group of individuals from the accused's community who participate in a forum and discuss the offender and the crime with a view to advising the judge as to sentence

Contempt of Court

Conduct that is disobedient, obstructive or contemptuous to the Court

Contraband

An item the possession or production of which in itself is a crime

Conviction

The formal decision of a criminal trial which finds the accused guilty

Copulation

Sexual intercourse

Corbett Application

Canada: an application by an accused to exclude a prior criminal record from the knowledge of the jury

Coroner

A public official who holds an inquiry into violent or suspicious deaths

Corporal Punishment

A punishment for some violation of conduct which involves the infliction of pain on, or harm to the body

Corpus Delicti

Latin: the body of the offense

Corrective Force

Force used upon those over which an individual generally has guardian responsibilities, used to remove a dependent from a particular situation or to secure compliance with instructions

Court Martial

A military court set up to try and punish offenses taken by members of the army, navy or air force

Crack

Street name for a form of cocaine base, usually prepared by processing cocaine hydrochloride and sodium bicarbonate, and usually appearing in a lumpy, rocklike form

Crime

An act or omission which is prohibited by criminal law and punished, usually by fine or imprisonment

Crimen Omnia Ex Se Nata Vitiat

Latin: property obtained by crime is tainted (vitiated)

Crimes Against Humanity

An international criminal justice offence; the perpetration of acts of war upon a civilian, non-soldier population

Criminal Bankruptcy

The forced bankruptcy of a convicted person

Criminal Code

A statute which purports or attempts to set out all prohibited or criminal offences, and their various punishments

Criminal Contempt

Contumacious behaviour or behaviour which tends to publicly depreciate the authority of the court or the administration of justice

Criminal Conversation

Criminal conversation: synonymous with adultery

Criminal Harassment

Unsolicited annoying, alarming or abusive conduct or words which are threatening

Criminal Law

That body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government

Criminal Libel

A criminal offence; deliberate publication of defamatory lies which the publisher knows to be false

Criminal Negligence

Reckless disregard for the lives or safety of other persons

Criminal Organization

Members of a group of three of more persons involved in organized crime

Crown

The English Monarch, where she is the symbolic head of state

Cruel and Unusual Punishment

Punishments which involve unnecessary and wanton infliction of pain

Cruelty

Conduct that causes bodily or mental injury, or apprehension to such injury, to a person or an animal, without legitimate purpose

Cucking Stool

A medieval form of punishment; a chair in which was restrained an offender

Curfew

A sentence or bail condition that gives the individual the freedom to move about in the community so long as they return to their residence for the hours specified (often 9 pm to 7 am)

Custody

Charge and control of a person or item of property

Cyber-bullying

Using the Internet to support deliberate, repeated and hostile behaviour by an individual or group that is intended to harm someone else

Dangerous Driving

The operating of a motor vehicle in a manner which has as one of its inherent qualities the exposure of the public to harm or injury

Dangerous Offender

A person convicted of serious crimes and who is likely to re-offend

Danger to Society

Where an offender would engage in conduct, the consequences of which would be grave or serious for society

Deadly Force

Force which creates a substantial risk of causing death or serious bodily injury

Death

Irreversible cessation of circulatory and respiratory functions and of all functions of the entire brain, including the brain stem

Death Penalty

A sentence of death imposed on a convicted criminal

Deceit

Willful or reckless misrepresentation or concealment of material facts with an intent to mislead

Defence of Habitation

The right to use lethal force to prevent a felony committed within a person's home

Defendant

The individual, company or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action redress some type of unlawful or improper action alleged by the plaintiff

Defense Attorney or Defence Counsel

Lawyers who represent persons facing criminal charges

Deficient

USA constitutional law: the substandard performance of an attorney

Defile

To corrupt the integrity of a thing

Deliberate

An act which is neither sudden nor rash and for which an individual considered the probable consequences beforehand

Deliberate Ignorance

Willful blindness to criminal activity

Deliberate Indifference

Ignoring a situation known to exist

De Minimis Non Curat Lex

Latin: a common law principle whereby judges will not sit in judgment of extremely minor transgressions of the law

Denunciation

A principle of sentencing in criminal law; that the sentence send a clear message to the general public that the offence is serious and the punishment just

Deportation

The removal of a foreign national under immigration laws for reasons such as illegal entry or conduct dangerous to the public welfare

Depraved Heart Murder

Where an individual under circumstances evincing a depraved indifference to human life, recklessly engaged in conduct which created a grave risk of death to another person, and thereby caused the death of another person

Depravity of Mind

A degree of moral turpitude and psychical debasement associated with a crime such as repeated and excessive acts of physical abuse or unreasonably brutality or outrageously and wantonly vile, horrible, and inhuman

Desuetude

The exceptional doctrine of judicial abrogation of a criminal statute where there has been a long period of non-enforcement

Detention

The exercise of an element of physical constraint of an individual

Deterrence

A principle or objective of sentencing a person guilty of a crime which ensures that the punishment is sufficient to deter the guilty person, and others, from committing the same crime

Diplomatic Immunity

Immunity extended to diplomat officers from criminal and civil jurisdiction of their host state

Directed Verdict

When the Court stops a trial determining that an essential fact has not been proven

Discharge

A sentence of a person found guilty of a crime in which that person does not receive a criminal record of conviction, either absolutely or conditionally

Disorderly House

A place where acts prohibited by statute are habitually indulged in or permitted

District Attorney

A lawyer in the USA charged with prosecution of criminal charges on behalf of the government

Diyya

Muslim law: the payment by an aggressor to his victim of a sum of money to thus avoid a retaliation punishment ("kisas")

DNA

Abbreviation for deoxyribonucleic acid, A chromosome molecule which carries genetic coding unique to each person with the only exception of identical twins (that is why it is also called 'DNA fingerprinting')

Doctrine of Specialty

A typical requirement in extradition: that the receiving state not prosecute the individual being extradicted but for the offence for which extradition was sought

Dolus Directus

When an accused is taken to have objectively foreseen the consequences of his/her act

Dolus Eventualis

Awareness of the likely outcome of an action

Domestic Violence

An assault or battery upon another member of a family or, in some jurisdictions, threatening words

Double-Blind Photographic Identification

The presentation of an array of photos to a crime victim for the purposes of identifying the perpetrator, by an officer neither involved in the investigation nor aware of who the suspect is

Double Jeopardy

A prohibition against being tried or sentenced twice for the same offense

Doyle Rule

(USA) A rule of criminal process that the use for impeachment purposes of a defendant's silence, at the time of arrest and after receiving Miranda warnings, violates the Due Process Clause of the Fourteenth Amendment

Dual Criminality

A typical requirement of extradition treaties: that the conduct alleged constitute a crime in both the demanding and the delivering state

Dual Sovereignty Doctrine

A maxim of law which allows the double prosecution of a person by more than one state for the same crime, where both states have jurisdiction for the prosecution, and notwithstanding the double jeopardy rule

Ducking Stool

A contraption of medieval English justice comprised of a chair in which a convict was affixed and then immersed repeatedly into a body of water

Due Process

Fundamental procedural legal safeguards of which every citizen has an absolute right when a state or court purports to take a decision that could affect any right of that citizen

Dwelling

A place to live in

Dying Declaration

Exception to the hearsay rule: a statement of fact made by a dying victim relating to the cause and circumstances of a homicide

Eavesdroppers

Those convicted of the obsolete offence of intentional, covert and direct listening-in to another's conversations, and the subsequent use of the contents thereof to disturb the peace

Eighth Amendment

US constitutional amendment that prohibits "excessive bail (or) fines (and) cruel and unusual punishment" Electronic Monitoring= Electronic or telecommunications systems used to track and supervise the locations of individuals

Embezzle

The illegal transfer of money or property that, although possessed legally by the embezzler, is covertly and fraudulently converted to the embezzler's own property

Embracery

Improper influence on a juror

Empanel

Also, "impanel"; the official call to duty of a jury, usually as called by the clerk of the Court in which the jury is to act, and just before the jurors are sworn in

Entrapment

The inducement, by law enforcement officers or their agents, of another person to commit a crime for the purposes of bringing charges for the commission of that artificially-provoked crime

Error In Objecto

A mistake by a perpetrator as to the identity of the victim; an error as to the object of his act

Euthanasia

The putting to death, by painless method, of a terminally-ill or severely debilitated person

Exculpate

That which excuses from fault; justifies a wrong action

Excusable Homicide

The accidental or self-defence killing of another person

Expunge

To remove permanently; to cancel

Ex Rel

Latin: on the relation of, or the information of

Extortion

Forcing a person to give up property in a thing through the use of violence, fear or under pretense of authority

Extradition

The arrest and delivery of a fugitive wanted for a crime committed in another country, usually under the terms of a extradition treaty

Extradition Crime

Conduct which is a crime in both the state seeking extradition and the state extraditing

Facial Mapping

An identification technique which distinguishes unique facial characteristics of an individual

Faint Hope Clause

Canada criminal law: a term in a 25 year prison term that salvages a remote possibility that the individual may be paroled prior to the full completion of the term of incarceration

False Arrest

The intentional and total confinement of a person against his will without lawful justification

False Imprisonment

Intentional and total imprisonment of a person against his or her will and without lawful justification

Felonious Homicide

The killing of a human being without justification or excuse

Felony

A serious crime for which the traditional punishment is prison for more than a year, or death

Fifth Amendment

A US Constitution article which provides fundamental rights in regards to legal process such as the immunity in regards to self incrimination

First Degree Murder

The unlawful killing of another human being with malice, premeditation and deliberation

Forgery

The making of a false document knowing it to be false with intent that it should be used or acted on as genuine to the prejudice of another

Fourth Amendment

US constitutional protection against unreasonable search or arrest

Frankpledge

A community pledge in medieval England whereby a defined number of people were jointly held responsible for the denunciation of any crime within their group

Fraud

Deceitful or deceptive conduct designed to manipulate another person to give something of value

Freebase

Cocaine which has been purified by dissolving in a heated solvent, and then burned and the fumes inhaled

Fruit of the Poisonous Tree Doctrine

Bars the admission of physical evidence and live testimony obtained directly or indirectly through the exploitation of unconstitutional police conduct

Fuck

To denunciate something, or a general swear word without necessarily referring to sex

Fugitive

One who runs away to avoid arrest, prosecution or imprisonment

General Deterrence

A sentencing objective which aims to discourage persons other than the offender, from committing a similar offence

Genocide

Systematic killing of persons because of their ethnicity

Gladue Rights

(Canada) Purported special rights available only to Aboriginal offenders on sentencing

Grand Jury

An American criminal justice procedure whereby, in each court district, a group of 16-23 citizens hold an inquiry on criminal complaints brought by the prosecutor and decide if a trial is warranted, in which case an indictment is issued

Gravamen

The material part or essence of a charge, grievance or complaint

Guillotine

A machine designed to inflict capital punishment by dropping a blade onto the neck, thus quickly severing of the head from the body

Guilty

A person found guilty of a criminal charge, either as a result of an acknowledgment of it by pleading guilty, or as a result of a trial at which the accused was found guilty of the offence changed

Habeas Corpus

Latin: a court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful

Habit

A regular response to a specific situation

Habitual Offender

A person who is convicted and sentenced for crimes over a period of time and even after serving sentences of incarceration, demonstrates a propensity towards future criminal conduct

Halfway House

A temporary group home designed to facilitate the reentry into society of prison inmates

Harassment

Unsolicited words or conduct which tend to annoy, alarm or abuse another person

Hate Crime

The public incitation of hatred against an identifiable group

Hawker

A person who goes about carrying goods from house to house to endeavour to sell them there

Heat of Passion

A sudden uncontrollable state of mind provoked by a blow or some other personal provocation

Hells Angels Motorcycle Club

A distinct outlaw motorcycle gang with significant operations in North America

Heresy

A historic criminal offence comprised of the act of public denial of Christian doctrines

High Treason

Treason as against the monarch, king or queen, or his/her government

Hiraba

Muslim law: organized crime such as highway robbery

Hodge's Case

A rule limiting the use of circumstantial evidence in the trial of a criminal offence

Home Invasion

A break and enter of occupied residential premises with forced confinement, assault or battery of occupants

Homicide

The act or omission of one human being, which ends the life of another

Honest Services Doctrine

(USA) A judicially developed criminal offence of bribes or kickbacks which seek or in fact deprive another a right to honest services

Hostis Humani Generis

Latin: the enemy of mankind

House Arrest

The judicial obligation upon an individual that she/he be forbidden to leave his or her place of residence except for limited, specified circumstances

Hudud

Muslim law: divine punishments; the category of crimes most egregious and therefore most severely punished

Hue and Cry

A community fugitive-containment strategy of medieval England where a yell went up denouncing a crime, and all within earshot took up the chase

Human Trafficking

The transportation or commercial exchange of an individual by coercion or deception for the purpose of exploitation

Hung Jury

A jury which is unable to arrive at a required unanimous or near unanimous verdict

Husband-Wife Privilege

A special right that married persons have to keep communications between them secret and even inaccessible to a court of law

Hybrid Offence

A criminal offence for which the prosecutor has the option of charging as an offence punishable by summary conviction or as an indictable offence

Identity Theft

The wrongful taking or using another person's identifying information for the purpose of fraud or other criminal activity

Ignorance of the Law

A mistake of law in relation to a person's rights or responsibilities

Ignorantia Juris Non Excusat

Latin: ignorance of the law is no excuse

Immunity

An exemption that a person enjoys from the normal operation of the law such as a legal duty or liability, either criminal or civil

Impaired

A deterioration of an individual’s judgment and decrease in his or her’s physical ability, Used primarily in criminal law; driving under the influence of alcohol or disability law in regards to a person’s physical or mental impairment

Impanel

Also, "empanel"; the official call to duty of a jury, usually as called by the clerk of the Court in which the jury is to act, and just before the jurors are sworn in

In Absentia

Latin: in the absence of

Incest

The crime of sexual contact with a blood relative usually including a parent, child, sibling, grandparent or grandchild

Inchoate Offence

Acts which are criminal even though they precede harmful conduct

Independent Source Doctrine

(USA) Evidence initially discovered during an unlawful search, but later obtained independently through activities untainted by the illegality, may be admitted into evidence Indictable Offence= An offence which the government can opt to cause trial by a more formal process than by summary process

Indictment

The formal document by which the state sets out the claim that a person has committed a crime

Ineffective Assistance

In USA constitutional law, grounds for reversing a criminal law judicial determination where relevant legal advice was deficient and prejudicial

Infanticide

Murder of an infant soon after its birth

Information

Canada: the charging document in a criminal prosecution

Insanity

Disorder which impairs the human mind and prevents distinguishing between actions that are right or wrong

Insider Trading

Participation by corporate officers, directors or employees in the trade of a stock based on confidential or privileged corporate information, knowing that information to be confidential, and seeking thereby to acquire profits or avoid losses on the stock market

International Crime

Crimes which affect the peace or safety of more than one state or which are so reprehensible in nature as to justify the intervention of international agencies in the investigation and prosecution thereof

International Criminal Law

Offences made criminal in international law and related matters such as jurisdiction, courts and tribunals

Involuntary Manslaughter

A criminal offence contingent on language in any given jurisdiction but, generally, the unlawful killing of a human being without malice in the commission of an unlawful act or in the commission of an act which might produce death, in an unlawful manner, or without due caution and circumspection

Issue Estoppel

The proposal that an argument is moot as it has been previously decided, distinctly put in issue in an earlier proceeding where it was fundamental to the decision

Judicial Interim Release

Pre-trial release of an individual accused of a crime; bail

Judicial Misconduct

Conduct on the part of a judge that is prohibited and which could lead to a form of discipline

Juror

A member of a jury; a person who has taken an oath to serve on a jury

Jury

A group of citizens randomly selected from the general population and brought together to assist justice by deciding which version, in their opinion, constitutes 'the truth' given different evidence by opposing parties

Jury Nullification

The extraordinary power of a jury to issue a verdict contrary to the law as applied to the proven facts

Jury Secrecy Rule

A rule of law which prohibits the disclosure, by a member of a jury, of statements or opinions voiced during jury deliberations

Jury Tampering

To unlawfully disrupt the independence of a jury member with a view to influencing that juror otherwise than by the production of evidence in open court

Justice of the Peace

A judicial officer with a limited role, usually in criminal law, to perform minor judicial tasks such as authorizing search warrants and approving criminal charges

Justifiable Homicide

The blameless killing of another human being

Justification

An answer or defence to an allegation of wrongful conduct that the act or omission, though admittedly committed, was not wrongful in all the circumstances

Kidnap

To confine a person against his or her will

King's Bench

Originally, the common criminal court of the common law; later, the general superior court

Kleptomania

An impulse control disorder characterized by the inability to resist impulses to steal objects

Knock and Announce Rule

A standard requirement of police officers executing a search warrant that they first knock on the main entry door and announce the purpose of their attendance

Knock and Talk

An investigation technique involving a law enforcement officer attending at the door of certain premises to speak with the occupants, or asking for consent to search the premises

Knowingly

Acting voluntarily and intentionally and not because of mistake or accident

Lap Dancing

The intentional rubbing against men to please them in a sexual way

Larceny

A criminal offence now more commonly referred to as theft, covering the unlawful or fraudulent removal of another's property without the owner's consent

Lay by the Heels

To commit to prison

Legal Custody

The lawful entitlement to make decisions in regards to another, such as a parent or a prison warden

Letters of Exculpation

Scots law: a subpoena, in the form of a warrant, to a material witness in a criminal matter to testify at trial

Life

Independent existence as an animate being

Loitering

To waste time; to be idle

Long-Term Offender

A convicted person for whom there is a substantial risk of re-offending

Lord Advocate

Scottish law: head of public prosecutions and the investigation of deaths

Lottery

An offer in which prizes and high value items are awarded by random chance to participants who buy lottery tickets

Lunatic

An individual who, though once of sound mind, can no longer manage his person or his affairs

Lust

A strong desire for sexual relations

Machine Gun

A firearm which can shoot more than one shot without having to be reloaded and by single function of the trigger

Malicious Prosecution

An intentional tort which redresses losses flowing from an unjustified prosecution

Manslaughter

Unlawful killing of a human being without malice or deliberation

Mayhem

Violently depriving another person of a body part to render less effective that person's defence of self

McMorris Evidence

Evidence of past violence by a victim of crime

Mens Rea

Latin for guilty mind; guilty knowledge or intention to commit a prohibited act

Minor

A young person not yet of the age of majority

Miranda Warning

A requirement that police officers, in the USA, before any questioning is so begun, warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided

Miscarriage of Justice

A substantial wrong which occurs during a trial which so infects the proceedings as to merit quashing the result on appeal

Miscegenation

Interracial cohabitation or marriage

Misdemeanor

(USA) A crime of lesser seriousness than a felony where the punishment might be a fine or prison for less than one year

Misprision

Offence in aid of the most seriously punished crimes in the ancient common law of England

Mistrial

A partial or complete trial which is found to be null and void and of no effect because of some irregularity

Mitigating Circumstances

Facts that, while not negating a wrongful action, tend to show that the defendant may have had some grounds for acting the way he/she did

M'Naghten Rules

A defence to criminal law liability developed in England; if, at the time of the offence, the accused had a disease of the mind such that he was unable to know that his act was wrong

Modus Operandi

Latin: method of operation

Money Laundering

The conversion or transfer of money obtained by crime for the purposes of frustrating law enforcement

Monopoly

A commercial advantage enjoyed by only one or a select few companies in which only those companies can trade in a certain area

Moral Turpitude

An act of baseness or depravity contrary to accepted moral standards

Motion to Strike

A motion put to the Court to strike a pleading or evidence of a witness

Murder

Intentional homicide (the taking of another person’s life), without legal justification or provocation

Mutilation

To render a thing imperfect by cutting off or destroying a part

Mutual Combat

A fight into which both parties enter willingly, or in which two persons, upon a sudden quarrel, and in hot blood, mutually fight upon equal terms

Necessity

A defense or excuse from conviction of a crime committed

Necrophilia

A psychosexual disorder, sexual relations with a corpse

Nemo Debet Bis Vexari Pro Una Et Eadem Causa

Latin: No-one shall be tried or punished twice in regards to the same event

Nolo Contendere

Latin: I will not defend

Obscenity

A publication which is illegal because it is morally corruptive

Obstructing Justice

An act which tends to impede or thwart the administration of justice

Obstruction of Justice

An act which tends to impede or thwart the administration of justice

Offense

Conduct prohibited and punishable by the State

Officially Induced Error

A mistake of law caused by reliance upon erroneous legal advice obtained from an appropriate official

Onus

Latin: the burden

Opening Statement

A lawyer or litigant's initial remarks at trial, to the finder of fact, either a judge or jury, setting out their road-map or case theory

Outlaw Motorcycle Gang

A group of motorcycle owners who band together and who agree to disobey society’s laws

Panhandle

To beg for money in a public place

Pardon

A pardon is a government decision to allow a person who has been convicted of a crime, to be free and absolved of that conviction, as if never convicted

Parole

A conditional release from incarceration during which a prisoner promises to heed certain conditions (usually set by a parole board) and submit to the supervision of a parole officer

Parricide

Killing one's father or another a family member or close relative

Particulars

The material facts which a party to litigation alleges are true and which that party will seek to prove at trial in support of the relief claimed

Peace Bond

A recognizance entered into by an individual in which he commits himself to keep the peace and be of good behaviour, and other conditions, for a specified period of time

Peace Officer

Law enforcement officer; person empowered to make arrests; police officer

Pederasty

A sexual abuse crime wherein an adult male grooms and sexually assaults an adolescent male outside of his family

Pedophile

A medical condition causing a sexual preference for young children

Penal Code

A statute which lists and defines prohibited conduct (crimes) and the punishments associated with each

Pen Register

An electronic surveillance device which attaches to a phone line and which registers every number dialed from a specific telephone

Peonage

Compulsory service in payment of a debt

Peremptory Challenge

Also "preemptory challenge"; a party's challenge of a prospective juror for which no reason or justification need be given

Perfidy

The intentional violation of a promise or of some trust, such as misusing a flag of truce during war in order to facilitate an attack

Per Infortunium

Latin: by misadventure

Perjury

An intentional lie given while under oath or in a sworn affidavit

Perverse Verdict

A decision of a jury which runs altogether contrary to the evidence presented before it

Petite Policy

A policy of the US Justice Department that following a state prosecution there should be no federal prosecution for the same transaction in the absence of compelling federal interests

Petit Treason

Treason by a servant against his master or a wife against her husband Petty Offense= A minor crime and for which the punishment is usually just a small fine or short term of imprisonment

Physical Control

Having the means to initiate any movement of, and in close proximity to the operating controls of a vehicle

Physical Force

Power, violence, or pressure directed against an individual consisting in a physical act

Pillory

A medieval punishment and restraining device made of moveable and adjustable boards through which a prisoner's head or limbs were pinned

Pinkerton Doctine

(USA) The conviction of a conspirator for criminal offenses committed by a co-conspirator that are within the scope of the conspiracy or in furtherance of it, and are reasonably foreseeable as a necessary or natural consequence of the conspiracy

Piracy Jure Gentium

Piracy according to the law of nations

Piracy (Maritime Law)

Violence or depredation on the high seas or in the air, for private ends, using aircraft or vessels

Pirate

A person who engages in piracy

Pit Bull

Dogs which exhibit appearance and physical characteristics of any of a pit bull terrier or Staffordshire, American or American Staffordshire bull terrier

Plain Error

Limited grounds upon which an appeal alleging deficient jury instructions will be allowed, which were not objected to at the time they were presented to the jury: the error must be so obvious or serious that the public reputation and integrity of the judicial proceeding is impaired

Plain Feel Doctrine

If, during a lawful pat-down search, an officer feels an object whose mass makes it immediately identifiable as contraband, that officer can seize the item

Plain View Doctrine

The authority for law enforcement officers, otherwise lawfully upon premises gut not armed with a search warrant, to seize any item within their line of sight and reasonably believed to be related to the commission of a crime Plea Bargaining= Negotiations during a criminal trial in which the accused agrees to admit to a smaller crime in exchange for which the prosecutor agrees to ask for a more lenient sentence than would have been recommended if the original charge had of been proceeded with

Plinking

Casual recreational shooting, often at cans and other items found lying around

Poach

To kill or take an animal or fish from the property of another

Police Interrogation

Questioning put to an accused by the police with the purpose of eliciting a statement

Police Power

A local or regional government's authority to enforce within its limits, laws, ordinances or regulations

Polyandry

The having of more than one husband by a wife

Polygamy

Being married to multiple wives or husbands at the same time

Polygraph

A lie-detector machine

Polygyny

One man with several wives

Pornography

The portrayal of sexual acts solely for the purpose of sexual arousal

Posse Comitatus

The emergency roundup of a group of civilians or soldiers to address a significant civil law enforcement crisis

Praemunire

An offence initially to prefer the Pope or his authority as against the King of England or Parliament, but later included a wide assortment of offenses against the King and always leading to serious penalties

Preemptory Challenge

Also "peremptory challenge"; a party's challenge of a prospective juror for which no reason or justification need be given

Preliminary Inquiry

Canada: An initial inquiry that occurs at the demand of an accused wherein a judge screens the proposed criminal charge against the available evidence

Premeditation

Specific intent to commit a crime for some period of time, however short, before the actual crime

Pre-Sentence Report

A report filed with the court prior to sentencing covering the offender's personal and family history and present environment

Presumption of Innocence

A legal presumption that benefits a defendant in a criminal case and which results in acquittal in the event that the prosecutor does not prove guilt beyond a reasonable doubt

Prison Mailbox Rule

(USA) A rule of procedure which deems that any court document mailed by a self-represented inmate is deemed filed on the date of delivery to prison authorities for mailing

Probation

A punishment given out as part of a sentence which means that instead of jailing a person convicted of a crime, a judge will order that the person reports to a probation officer regularly and according to a set schedule

Procurator Fiscal

Scots law: the prosecutor who acts on behalf of the state in criminal prosecutions

Profane

Vulgar, crude, grossly offensive or insulting language

Prohibition

A legal restriction against the use of something or against certain conduct

Prosecute

To bring or administer judicial proceedings

Prosecutorial Discretion

Discretionary powers exercised by the government's prosecution service such as whether to prosecute charge recommended by police, to stay an ongoing proceeding, plea bargaining, or the taking over of a private prosecution

Prostitute

An individual who offers lewd sexual acts for the gratification of a customer and in exchange for money

Provocation

Conduct that would cause a reasonable person to lose self control

Psychopath

An individual with an abnormal personality charterised by irresponsibility, lack of emotional control, impulsiveness resulting in unstable adaptations to environment

Public Defender

An attorney in the USA paid for by the state but representing an indigent individual in a criminal matter

Queen's Bench

Originally, the common criminal court of the common law; later, the general superior court

Quesas

Muslim law: the right of a person who has suffered corporal injuries by the act of another, to inflict, or have inflicted similar injuries upon the aggressor

Qui Jure Suo Utitur Neminem Facit Injuriam

Latin: he who exercises his legal rights harms no one

Qui Tam

Latin: who as well

Racial Pollution

A prohibition of sexual relations with persons outside of defined races

Racial Profiling

Targeting of individual members of a particular racial group, on the basis of the supposed propensity of the entire group

Rack

A medieval form of punishment or confession extractor in which the subject was affixed to a wooden platform and separate ropes attached to each of his four limbs, which were then pulled apart by a system of pulleys

Racketeering

The interfering with trade or commerce by violence or threats

Ransom

Money paid to have a kidnapped person released

Rape

Sex with a woman, other than the perpetrator's wife, without her consent

Rapina

Latin: to take away forcefully

Reasonable Doubt

A threshold of proof in criminal cases in most modern criminal law systems which requires the trier of fact to be sure, not certain, of the accused's guilt, before convicting

Recorder

An ancient judicial position in the legal history of England and Wales, now mostly a part-time judicial appointment given to practising barristers or solicitors in England and Wales

Relator

An informer; a person who has supplied the facts required for a criminal prosecution or a civil suit, or who institutes legal action on behalf of the government

Remanet

Latin: an action that has been put over, deferred to a later time

Rescue

Taking and setting at liberty, against the law, either goods or imprisoned persons

Res Gestae

Latin: things done

Restorative Justice

An alternate form of dealing with crime by engaging both offender and victim in post-offence mediation

Right of Hot Pursuit

The right of a state to chase and arrest a vessel which has committed an offense within its waters

Riot

Three or more persons who assemble and advance a purpose together, with the intent to use force if necessary, and raising alarm of a reasonable person(s)

Robbery

Theft under threat or use of force

Rule of Lenity

A rule of construction of statutes: that criminal statute ambiguities are resolved in favor of the defendant or accused

Sabbath Breaking

Doing business on a Sunday

Sadism

Delight in physical or mental cruelty

Sanction

To sanction can mean to ratify or to approve but it can also mean to punish, The sanction of a crime refers to the actual punishment, usually expressed as a fine or jail term

Sanctuary

A special criminal law option available in Medieval times to persons who had just committed a crime, allowing them to seek refuge in a church or monastery

Sariqa

Muslim law: theft

Scandalizing the Court

Personal scurrilous abuse of a judge as a judge

Scienter

Latin: actual or guilty knowledge; knowingly

Scold

A troublesome and angry woman who, by brawling and wrangling amongst her neighbours, breaks the public peace, increases discord and becomes a public nuisance

Scolding

A medieval offense; women who were verbally disputative; who incited or agitated against the public peace

Sealing Order

A Court order that restricts access to or disclosure of any record or document filed in a proceeding

Search

A probing exploration for something that is concealed or hidden from the searcher

Search Warrant

A court order that gives a police the permission to enter private property and to search for evidence of the commission of a crime, for the proceeds of crime or property that the police suspect may be used to commit a crime

Se Defendendo

Latin: self-defence

Sedition

The speaking or publishing of words which excite public disorder or defiance of lawful authority

Seizure

A dispossession of something against the will of the possessor

Self-Defence

A person is not responsible for an act if the conduct is carried-out in self-defence of self or of another

Sentence

The judgment given to a person who has been convicted (ie found to be guilty) of a crime

Sentencing Circle

A sentencing opportunity at which an accused hopes to favourably influence the court passing sentence, by convening a conciliatory pre-sentence meeting between offender and victim

Sequestered Jury

A jury which has been confined to a location where they can be shielded from outside distractions while their deliberations are ongoing

Sexual Abuse

The tort or crime of an assault of a sexual nature

Sexual Assault

A sexual act upon or directed to another which is unwanted and not consented to by the other

Sexual Exploitation of a Minor

The use of a child for the purposes of pornography

Sharia Law

Muslim or Islamic law, both civil and criminal justice as well as regulating individual conduct both personal and moral

Sheriff

Individuals empowered to ensure the security of courthouses generally and courtrooms especially, to keep prisoners secure whilst in the courthouse, to secure jurors during trials and to assist in the execution of court orders

Sherman Antitrust Act

American federal statutes that defines and prohibits contracts or conspiracies which are designed to restrain trade

Shock Probation

A sentencing strategy: a brief period of incarceration followed by release under supervision

Shoplifting

Willful concealment of unpurchased merchandise of any retail store

Shurb Al-Khamr

Muslim law; the crime of consuming alcoholic beverages

Similar Fact Evidence

Evidence tendered in a criminal trial to demonstrate that the accused previously engaged in the relevant prohibited activity

Simony

The selling of miracles or the promise of some other alleged form of Divine service in exchange for money

Sodomy

Synonymous with buggery and referring to unnatural sex acts, including copulation, either between two persons of the same sex or between a person and an animal (the latter act is known as bestiality)

Special Jury

A jury drawn to certain specifications given the alleged complexities of the matter to be tried

Special prosecutor

A private lawyer who temporarily and on a case-by-case basis only, investigates or manages the prosecution in lieu of the public prosecutor

Specific Deterrence

Deterrence, as an objective of sentencing, which is fit to a particular offender

Specific Intent

A state of mind that exists when the circumstances indicate the offender actively desired the prescribed criminal consequences to follow his act or failure to act

Spousal Abuse

The physical or emotional abuse of a spouse

Stab Wound

A bodily injury caused by a knife or other sharp or pointed instrument

Star Chamber

An elitist, secretive and abusive court convened from time to time by British kings from at least King Henry VII (1457-1509) to 1640

Statutory Rape

A statutory definition of rape which allows for conviction regardless of the consent, such as with a minor

Stay

To stop; to suspend; also known as a stay of proceedings; when a law suit is suspended either indefinitely or until the occurrence of a condition imposed by the court

Steal

The taking of something from another without any legal right to do so

Strangle

To interrupt breathing by interference with the windpipe

Streaking

Dashing through a public area in the nude

Strict Liability

Tort liability which is set upon the defendant without need to prove intent, negligence or fault; as long as you can prove that it was the defendant's object that caused the damage

Strip Search

The removal of all or part of an individual's clothing so as to visually inspect private areas or undergarments

Striptease

Removal of clothing in a manner so as to arouse sexual desire

Subpoena

Latin: an order of a court which requires a person to be present at a certain time and place or suffer a penalty (subpoena means, literally, under penalty)

Sudden Fight

A spontaneous altercation which occurs in the heat of passion

Sudden Heat

Anger or terror sufficient to obscure the reason of an ordinary person, preventing deliberation

Suicide

To intentionally take one's own life

Summary Conviction Offence

In Canada, a less serious offence than indictable offences and for which both the procedure and punishment tends to be less onerous

Summons

In the USA, this is one of the initial documents issued in a civil suit; giving the defendant notice of the claim and an opportunity to defend it

Superficial Wound

A scrape, bruise, discoloration, or swelling, of minimal severity

Suppressed Evidence

The intentional non-disclosure by the prosecution of evidence favorable to an accused and asked for by the accused, where that evidence is material either to guilt or punishment

Surety

A person who promises to answer for the debt or performance of another

Surplusage

Superfluous allegations, especially in regards to pleadings

Suspended Sentence

A judicial prerogative retained by a sentencing judge on a person convicted of a crime by which the full sentencing of a convicted person is suspended or deferred until some future time commensurate with the convicted person’s compliance with the terms of an interim probation order

Ta'azir

Muslim law: discretionary and corrective punishments for minor crimes

Take-Down Lights

Bright police cruise lights directed at a person while shadowing the cruiser occupants

Tales

The act of supplementing a jury otherwise incomplete

Talesmen

Additional jurors summoned to complete a jury

Tamper

To interfere improperly or in violation of the law such as to tamper with a document

Tax Evasion

A prohibited or illegal act or omission which is designed to reduce a person’s tax liability

Terrorism

Violence against civilians intended to intimidate a population or a government from taking or abstaining from an act

Terry Search

A justifiable protective search for weapons, even in the absence of probable cause to arrest, where there is a suspicion that an individual is armed and dangerous

Theft

To steal an item of property

Threat

A menace designed to intimidate the person on whom it is directed to take some action, and which carries with it some sanction if not performed

Torture

The intentional infliction of pain or suffering on an animal or a person and as for the latter, even if for the purpose of obtaining information such as a confession or the names of accomplices, or as a punishment for crime

Trafficking

The selling or involvement in commercial activity of something for which commercial activity is unlawful Treason= To aid or enlist with a state enemy or to attempt or conspire to harm the head of state, such as a king, queen or president

Trial

The resolution of a dispute by examination of evidence submitted by opposing litigants by a tribunal or Court of law, and determination of (1) guilt (in a criminal trial) or (2) of a civil dispute of fact or law

Unlawful Assembly

Three or more persons together holding the intent to commit a crime or to otherwise disturb the peace

Usury

Excessive or illegal interest rate

Uzi Machine Gun

A sub-machine gun using a blowback mechanism with a bolt that wraps around the end of the barrel, and empty cases ejected through slots in the body

Vagrancy

A criminal offence of being intentionally unemployed and thereby neglecting to maintain himself or his family

Vagrant

A tramp or homeless person

Venue

Location or proposed district of a judicial hearing

Verdict

French: truth told; the decision of a jury

Vetrovec Warning

Canada: a warning given by a judge to a jury in regards to the frailities of the evidence tendered by certain witnesses

View

The displacement of a judge and jury to the location of events which are being described at trial

Voir Dire

A mini-hearing held during a trial on the eligibility of prospective jurors or the admissibility of contested evidence

Voyeurism

The secret viewing of another person in a place where that person would have a reasonable expectation of privacy, for the purposes of the viewer's sexual arousal

Waiver By Conduct

The abandonment of a right implied from a person's conduct

War Crimes

Excessive brutality during war, in contravention of an international treaty or convention

Warrant

A document giving a person legal authority to do a certain thing

Washerwoman Syndrome

Changes in the skin condition that result from being immersed in water

Waterboarding

A criminal investigation interrogation technique whereby a person suspected of having or withholding relevant information is blindfolded and bound on their back, sometimes with the face covered with porous or nonporous material, and subjected to water poured over their mouth and nose such as to simulate drowning and to thus, under duress, elicit information

Weapon

An instrument of combat; something to fight with - used or designed to injure or kill

Weapon of Mass Destruction

Device designed to kill humans through the use of atomic or nuclear energy or the release of chemicals, poisons, biological agents or radioactivity

Willfully

Acting voluntarily, deliberately and intentionally

Wobbler

An offense known to American criminal law which offers to the district attorney the option of charging as a misdemeanor or as a felony

Wrongful Conviction

A conviction of a person accused of a crime which, in the result of subsequent investigation, proves erroneous

Year-and-a-day Rule

A common law rule precluding prosecution for murder where the victim died a year and a day, or later, after the infliction of the ultimately fatal wounds

Young Offender

Young persons who, in many states, are treated differently than adult criminals and are tried in special youth courts