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Criminal Law Glossary

25 essential terms — because precise language is the foundation of clear thinking in Criminal Law.

Showing 25 of 25 terms

A person who knowingly and voluntarily assists or encourages the principal in the commission of a crime.

Related:AccessoryConspiracyAiding and Abetting

A judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt, resulting in release from charges.

Related:Beyond a Reasonable DoubtDouble JeopardyVerdict

The physical act, unlawful omission, or voluntary conduct that constitutes the external element of a crime.

Related:Mens ReaCriminal LiabilityVoluntary Act

A court proceeding in which the defendant is formally charged, informed of their rights, and asked to enter a plea of guilty, not guilty, or no contest.

Related:IndictmentPleaDue Process

Money or property deposited with the court to secure a defendant's release from custody and ensure their appearance at future court proceedings.

Related:Pretrial DetentionBondEighth Amendment

The obligation to prove allegations or claims in a legal proceeding. In criminal cases, this burden falls on the prosecution.

Related:Beyond a Reasonable DoubtPresumption of InnocenceProsecution

An agreement between two or more persons to commit a criminal act, combined with an overt act in furtherance of the agreement.

Related:Inchoate OffenseAccompliceSolicitation

The constitutional prohibition against being tried or punished twice for the same criminal offense after acquittal or conviction.

Related:Fifth AmendmentAcquittalSeparate Sovereigns Doctrine

The constitutional requirement that legal proceedings be conducted fairly and that individuals receive notice and an opportunity to be heard.

Related:Fifth AmendmentFourteenth AmendmentProcedural Rights

A defense claiming that law enforcement officials induced the defendant to commit a crime they would not have otherwise committed.

Related:Affirmative DefenseLaw EnforcementDue Process

Evidence that tends to establish a defendant's innocence or reduce their culpability. Prosecutors are constitutionally required to disclose such evidence under Brady v. Maryland.

Related:Brady RuleDiscoveryDue Process

A serious criminal offense, typically punishable by imprisonment for more than one year, and often carrying additional collateral consequences.

Related:MisdemeanorSentencingCriminal Record

A body of citizens convened to evaluate evidence presented by the prosecution and determine whether there is probable cause to issue an indictment.

Related:IndictmentProbable CauseFifth Amendment

A legal writ that requires authorities to bring a detained person before a court to determine whether the detention is lawful.

Related:Constitutional RightsUnlawful DetentionJudicial Review

A formal charge issued by a grand jury stating that there is sufficient evidence to bring a defendant to trial.

Related:Grand JuryArraignmentProbable Cause

The mental element of a crime, referring to the defendant's state of mind at the time of the offense, such as intent, knowledge, recklessness, or negligence.

Related:Actus ReusCriminal IntentStrict Liability

The constitutional warnings that must be given to suspects in custody before interrogation, including the right to remain silent and the right to an attorney.

Related:Fifth AmendmentCustodial InterrogationSelf-Incrimination

A criminal offense less serious than a felony, typically punishable by fines, probation, community service, or imprisonment of up to one year.

Related:FelonyInfractionSentencing

The conditional early release of a prisoner who agrees to comply with specified terms and conditions under the supervision of a parole officer.

Related:ProbationSentencingIncarceration

A negotiated agreement between the prosecution and defendant in which the defendant pleads guilty to a lesser charge in exchange for a lighter sentence or reduced charges.

Related:Guilty PleaSentencingProsecution

A reasonable basis for believing that a crime has been committed or that evidence of a crime is present, required for arrests, searches, and indictments.

Related:Fourth AmendmentSearch WarrantArrest

A court-ordered period of supervision in the community as an alternative to incarceration, subject to specified conditions.

Related:ParoleSentencingCommunity Supervision

The legal party responsible for presenting the case against the defendant in a criminal trial, representing the state or federal government.

Related:District AttorneyBurden of ProofIndictment

The judicial determination of the legal consequences imposed upon a person convicted of a crime, including imprisonment, fines, probation, or community service.

Related:FelonyMisdemeanorSentencing Guidelines

A law prescribing the maximum period of time after an alleged offense during which criminal charges can be filed.

Related:TollingProsecutionCriminal Procedure
Criminal Law Glossary - Key Terms & Definitions | PiqCue