Civil Disorder |
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A violent public disturbance by three or more people which causes danger, damage or injury to property or persons. |
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Clerk of Court |
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Court officer in charge of the clerical work; keeps the records, issues process, enters judgments and orders, and gives certified copies of documents from the record. |
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Common Law |
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A body of legal principles which derives its authority solely from usages and customs of ancient times, or from the judgments and decrees of courts recognizing, affirming, and enforcing such usages and customs; particularly the ancient unwritten law of England. Common law is to be distinguished from "statutory law," which is enacted by a legislative body such as Congress or a state legislature. |
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Community Service |
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A court imposed sanction that requires offenders to work in the community to repay society for the harm done by their actions. |
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Complainant |
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The party who complaints or sues; one who applies to the Court for legal redress, also called the plaintiff. |
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Complaint |
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The document on which criminal misdemeanors are charged in District Court, as well as the initial charging document for felonies. |
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Compounding Crime |
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The receipt by an individual of consideration in exchange for an agreement not to prosecute or inform on someone who they know has committed a crime. |
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Conditional Discharge |
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A conviction. Court issues the discharge from the jail and requires defendant to comply with some conditions. Regardless whether defendant complies with rules or not, he/she is still convicted (GUILTY) and case can never be expunged. |
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Conditional Discharge – Non-conviction |
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The defendant has no finding of guilt. The court is discharging him/her from trial on special conditions that they must follow. If they do not abide by these conditions, the discharge may be revoked and the finding may become guilty. |
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Conditional Release |
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The release from a correctional facility before full sentence has been served which is conditioned on specific behavior. If conditions are not met, the individual may be returned to the facility. |
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Conspiracy |
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The coming together of two or more people for the purpose of committing an unlawful act or to commit a lawful act by unlawful means. |
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Conviction |
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The formal decision of a criminal matter which finds the accused guilty. It is the finding of a judge or jury, on behalf of the state, that a person has, beyond a reasonable doubt, committed the crime that they were accused of. |
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Count/Charge |
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An offense named in a cause of action. A cause of action may contain multiple counts or charges, each relating to the others but identifying a separate offense. |
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Court of Appeal |
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An intermediate federal court, inferior to the U.S. Supreme Court but higher than U.S. District Court. Its function is to review the final decisions of the district courts, is challenged. There is a Court of Appeals for circuit in each of the judicial circuits. |
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Court of Limited Jurisdiction |
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Court that has authority to adjudicate cases of a certain kind or up to a limited amount, usually lesser offenses. (Opposite of Court of General Jurisdiction) |
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Court of Record |
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The court where the permanent record of all proceedings is held. |
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Crime Against Nature |
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Deviate sexual intercourse. |
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Criminal Case |
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A charge filed by a prosecutor against a defendant concerning violation of a criminal law. The act of violating a criminal law is an offense against the community, not a private wrong. Examples of criminal cases include theft and murder. |
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Criminal Complaint |
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In criminal law, a charge, preferred before a magistrate having jurisdiction, that a person named, has committed a specific offense, with an offer to prove the fact, to the end that a prosecution may be instituted. |
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Criminal Plea |
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The defendant's response to a criminal charge (guilty, not guilty,or nolo contendere). |
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De Novo |
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Latin for "anew" or "afresh". Usually used as Trial De Novo. New trial, or one that is held for a second time, as if there had been no previous trial or decision. |
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Dead Docket |
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The case never went to trial. The case can be reopened if new evidence is submitted. |
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Degree |
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(First, Second, or Third, A, B or C) Classification assigned to a crime, depending on circumstances, for purposes of determining punishment. First degree is considered most serious than third; A is more serious than C. Degrees may be assigned to the actual crime (IE: murder in the first or second degree) or the class of crimes (IE: felony or misdemeanor). |
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Deposition |
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An oral statement made by a person before an officer authorized by law to administer oaths. The attorney for the opposition party is notified to attend the deposition where he may cross-examine the deposed party. The deposition may sometimes be used later in the trial, or it may be taken only to obtain discovery. |
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Directed Verdict |
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A determination by a jury, made at the direction of the judge. A directed verdict happens in cases where there has been a lack of evidence, an overwhelming amount of evidence, or where the law is in favor of one of the parties. |
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Dismissal |
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Finally disposing of the cause without further consideration. May be voluntary or involuntary. When involuntary, there is usually lack of prosecution or failure to produce sufficient evidence. |
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Dismissal With Prejudice |
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Term meaning an adjudication on the merits, and final disposition, barring the right to bring or maintain an action on the same claim or cause. |
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Dismissal Without Leave After Deferred |
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Prosecution Charges dismissed after specified time (90 days to 1 year) provided certain conditions have been met such as participating in specified program of anger control or drug counseling or providing community service, etc. |
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Dismissal Without Prejudice |
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Term meaning dismissal without prejudice to the right of the complainant to sue again on the same cause of action. |
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District Court |
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Court of the U.S., each having territorial jurisdiction over a judicial district, which may include a whole state or only part of it. The district courts are the trial courts of the Federal Judiciary. |
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Docket Record |
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A listing of all court actions in a case from its inception to its conclusion. |
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Evidence |
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Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses,records, documents, exhibits, concrete objects, for the purpose of inducing belief in the minds of the court or jury as to their contention. |
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Extortion |
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Obtaining another's property by actual or threatened force, fear or violence. |
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Extradition |
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The surrender by one jurisdiction to another of a person accused or convicted of an offense committed within the jurisdiction demanding the individual's return. |
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Felonious |
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Describing an offense which is done with malicious, villainous criminal intent. IE: felonious assault. |
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Felony |
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The most serious of criminal-type offenses. Felonies are classified as 1st, 2nd, or 3rd degree with 1st degree being the most serious. |
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Felony Conversion |
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(Fraudulent Conversion) Similar to embezzlement or theft. An example of felony conversion is if someone sold goods for a company, and kept the money instead of turning it in to the company. (North Carolina) |
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Fraud |
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The commission of an act with the goal to benefit or gain advantage at another's expense. A purposeful misrepresentation with the intent to deceive. |
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Habilitation |
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The process by which an individual acquires and maintains the life skills necessary to cope more effectively with personal and environmental demands or to improve physical, mental, and social competencies. |
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Harassment |
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The investigation of all forms of aggravation, e.g. sexual, embarrassing, discrediting or troubling practices that worry or frighten individuals in the workplace or in their personal lives. |
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Hearing |
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A relatively formal proceeding similar to a trial, with one or more legal issues to be agreed upon or determined. |
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Hijacking |
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To take control of a vehicle by intimidation, force or threatened force. Also, the theft of goods while in transit, as when transported in trucks. |
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Homicide |
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The killing of another human being. "Justifiable homicide" occurs in cases such as during the enforcement of law, and/or occurs without evil intent. "Excusable homicide" may occur by accident or in self-defense. "Felonious homicide" is the killing of another without justification. This type has two degrees - manslaughter and murder, depending on circumstances or intent. See Manslaughter; Murder. |
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Indictment |
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A formal written accusation originating with a prosecutor and issued by a grand jury against a party charged with a crime. An indictment is referred to as a “true bill”, whereas failure to indict is called a “no bill”. |
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Judgement |
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A sense of knowledge sufficient to comprehend nature of transaction. The formation of an opinion or notion concerning some thing by exercising the mind upon it. |
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Judgment of Conviction |
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A judgment conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. |
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Jurisdiction |
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The power of a court to question facts, apply law, make decisions and judgments. |
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Juvenile Court |
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The branch of the judiciary that has legal responsibility for youth under the age of 18. The court is a civil court that adjudicates cases where youth are thought to be abused, neglected, or dependent and cases where youth are accused of some delinquent or status offense. |
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Larceny |
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The unlawful taking of another person's property. Larceny is commonly classified as "petty" or "grand" depending on the value of the property. Dollar values to establish classifications of "petty" and "grand" may vary from state to state. |
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Manslaughter |
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The unpremeditated killing of a person. Can be voluntary or involuntary, determined by circumstances. The feature distinguishing involuntary manslaughter from voluntary is the absence of intent to cause death or commit an act that might be expected to produce death or harm. Voluntary manslaughter is homicide that is committed during an act in the heat of passion. |
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Minor |
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A person under the age of 18. |
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Misdemeanor |
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Criminal-type offenses that are less serious than felonies and generally those punishable by fine, penalty, forfeiture or imprisonment otherwise than in a penitentiary. Under federal law, and most state laws, any offense other than a felony is classified as a misdemeanor. |
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Mistrial |
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A trial which is terminated or declared invalid. Reasons for mistrial include misconduct on the part of the jury, defense team or the court, or illness on the part of the judge, jury or defendant. May be followed by a retrial on the same charges. |
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Negligence |
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Flagrant and reckless disregard of the safety of others. Willful indifference. |
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Negotiated Plea |
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See Plea Bargain. |
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Parole |
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To release from confinement after serving part of a sentence, usually with terms and conditions provided in the parole order. |
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Perjury |
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Intentionally making a false statement under oath. |
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Plea |
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The defendant's formal answer to a charge. |
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Plea Bargain |
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A plea of guilt to a lesser offense in return for a lighter sentence. |
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Primary Specimen |
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In drug testing, the urine specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system; and for the purpose of validity testing. The primary specimen is distinguished from the split specimen, defined in this section. |
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Probation |
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Relief of all or part of a sentence on the promise of proper conduct. |
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Racketeering |
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An organized conspiracy for the purpose of committing crimes of extortion or coercion. |
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Rape |
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May be forcible or by intoxication, with a person who is underage and unable to give consent, or with a person with diminished mental and/or physical capabilities. |
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Restraining Order |
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An order prohibiting a specified action until such time that a hearing on an application for an injunction can be held. |
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Secret Clearances |
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A Secret security clearance may be granted to those persons that have a "need-to-know" national security information, classified at the Confidential or Secret level. It is generally the most appropriate security clearance for state and local law enforcement officials that do not routinely work on an FBI Task Force or in an FBI facility. A Secret security clearance takes the least amount of time to process and allows for escorted access to FBI facilities.
The procedure is as follows:
- FBI performs record checks with various Federal agencies and local law enforcement, as well as, a review of credit history.
- Candidate completes forms SF-86 and FD-258. Once favorably adjudicated for a Secret security clearance, the candidate will be required to sign a Non-Disclosure Agreement.
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Sentence |
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A judgment of punishment for a criminal act. |
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Sentence Withheld |
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A court decision postponing the execution of a sentence and discharging the defendant conditional upon good behavior. |
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Serious Misdemeanor |
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Having a more severe penalty than other misdemeanors. |
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Summary Conviction |
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A finding of guilt by a magistrate or judge, without a jury, of a person accused of a misdemeanor or violation. |
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Summary Judgment |
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The decision of a court concerning merits of a lawsuit, where upon review of the facts, it is determined that the party who made the motion for summary judgment is entitled to judgment. |
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Summons |
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In criminal law, a written order notifying an individual that he or she has been charged with an offense directing the person to appear in court to answer the charge. |
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Suspended Sentence |
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Deferment of punishment usually over a period of probation |
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Top Secret Clearances |
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A Top Secret clearance may be granted to those persons who have a "need-to-know" national security information, classified up to the Top Secret level, and who need unescorted access to FBI facilities, when necessary. This type of clearance will most often be appropriate for law enforcement officers assigned to FBI Task Forces housed in FBI facilities.
In addition to all the requirements at the Secret level, a background investigation, covering a 10-year time period, is required.
Once favorably adjudicated for a Top Secret security clearance, the candidate will be required to sign a Non-Disclosure Agreement. |
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Traffic Offenses |
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A group of offenses usually consisting of those infractions and very minor misdemeanors relating to the operation of self-propelled surface motor vehicles. Violators of these laws may incur fines, loss of license, or imprisonment. |
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Unconditional Discharge |
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A sentence where the court is authorized to release the defendant without fine, imprisonment, or probation supervision if the court is of the opinion that no proper purpose would be served by imposing any condition on the defendant's release. |
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Vehicular Homicide |
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Death of another caused by the intentional, unlawful or negligent operation of a motor vehicle. |
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Venue |
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The geographic area where the case or claim occurred, within which a court with jurisdiction can hear and determine a case. A change of venue, or the moving of a case from one court to another may be granted for such reasons as when the court does not think the defendant can get a fair trial in that area or for the convenience of the parties in a civil case. |
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Verdict |
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The formal, final decision or finding made by a jury or judge. |
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Waived – Conviction |
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Mainly found in the state of North Carolina. This means the defendant has waived his / her right to trial and has pled guilty to the charges. In turn, the court accepts the plea of guilty. |
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Waiver by Magistrate |
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Charges are waived after the defendant agrees to pay a fine. The defendant is not prosecuted on this charge. |
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Waiver of Jury |
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The right to a jury trial is waived and the judge makes the decision of guilt or innocence. |
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Warrant |
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(Arrest Warrant) A written order of the court which is made on behalf of the state, or United States, and is based upon a complaint issued pursuant to statute and/or court rule and which commands a law enforcement officer to arrest a person and bring him before a magistrate. |
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Youthful offenders |
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Status classification of youths and young adults generally older than juveniles (age 18 to 25), who are given special consideration. |
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