GLOSSARY

The following definitions are from Black’s Law Dictionary, Gilbert Law Dictionary, and Merriam-Webster’s Collegiate Dictionary.

ABDUCT.   To restrict a person with the intent to prevent his release either by holding him in a place where he is not likely to be found or by using or threatening to use deadly physical force.

APPLICATION.   A request or petition.

ARRAIGNMENT.   The first step of a criminal proceeding where an accused person is brought before a judge and told of the charges against him or her.

CASE LAW.   Law based on judicial precedent rather than legislative decrees; the body of law founded in decided cases rather than from statutes.

CHALLENGE.   To object, to call into question, or to take exception. There are two types of challenges in jury selection, peremptory and challenge for cause. A peremptory challenge   does not require that the attorney state a reason for an objection. A challenge for cause   requires that the attorney state reasons for an objection.

COMPLAINT REPORT.   An account that the police department uses to initiate an investigation.

CONCURRENT.   Running together; for example, prison sentences that are served at the same time.

CONSECUTIVE.   One after another; for example, prison sentences that are served one after another.

CONTINUANCE.   An adjournment or postponement of a court action to a future time or date.

COUNT.   A part of an indictment charging a specific offense.

DEADLY PHYSICAL FORCE.   Physical force that is capable of causing death or other serious physical injury.

DEFENDANT.   The person accused in a criminal case or sued in a civil action.

FELONY.   A crime graver or more atrocious than one designated a misdemeanor and is punishable by imprisonment for more than one year.

HEARSAY.   Evidence not proceeding from the personal knowledge of the witness but from the reiteration of another person’s statement.

HOSTILE WITNESS.   A witness who is adverse or antagonistic to the interests of the party that called him to testify.

INDICTMENT.   An accusation by a grand jury. An indictment also serves to describe the specific charges so that the defendant may prepare an adequate defense.

INTENT.   The design, resolve, or purpose with which a person acts.

IRRELEVANT.   Not directly supporting the evidence of the case.

LARCENY.   The unlawful taking of personal property with the intent to deprive the rightful owner of it permanently.

LARCENY BY EXTORTION.   The unlawful taking of another’s personal property by means of instilling fear that if the property is not delivered, the actor will cause physical injury to him or her sometime in the future.

MISDEMEANOR.   A crime that is less serious than a felony and that is punishable by fine or imprisonment for less than one year.

MOTION.   A formal request to the judge for a favorable order, ruling, or direction.

MOTIVE.   The reason or influence that causes a person to act in a certain manner; contrasted with “intent,” it is the purpose a person has when acting.

OFFER OF PROOF.   The presentation of evidence for admission in a hearing or trial.

PENAL LAW.   State and federal laws that define criminal offenses and create punishment of fines or imprisonment. A “penal code” is a collection of all the state’s criminal laws.

PHYSICAL INJURY.   Damage to one’s physical condition or substantial pain.

PROBABLE CAUSE.   The existence of certain facts that would lead a person of reasonable intelligence and prudence to believe a crime has been committed. Probable cause is required before an arrest or search warrant is issued by a judge.

RANSOM.   Money or other property paid or demanded for the release of a captive person.

REDACT.   Black out, edit.

RELEVANT.   Evidence or testimony that tends to support an issue.

REVERSAL.   An appellate court’s changing or annulling a lower court’s decision.

SEALED.   Closed against inspection.

SEQUESTER.   Hold apart, isolate.

SERIOUS PHYSICAL INJURY.   An injury that causes death, brings about the substantial risk of death, or causes disfigurement, impairment of health, or loss or damage of the function of any bodily organ.

SIDEBAR.   An on-the-record conversation away from the hearing of the jury. These discussions are recorded for purposes of an appeal.

STATUTE.   A law established by the legislature.

SUBPOENA.   A judicial order requiring a person to appear in court.

VOIR DIRE (FRENCH).   To speak the truth. An examination of a prospective witness or juror to determine competency.

WELL.   An area cordoned off from the public where the business of the court takes place.