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125 Cards in this Set
- Front
- Back
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Absconder
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A probationer who disappears from the oversight of a probation officer or leaves the jurisdiction of the court without permission.
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Accusation
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A charge against a person in which a charge of a crime or offense can be made against an individual.
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Accessory
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A person who is not the main perpetrator of an offense nor was necessarily present at its occurrence, but in some way participated, either before or after the act was committed.
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Acquit
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To absolve one from an obligation of liability or to legally certify the innocence of one charged with a crime.
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Adjudication
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The process of rendering a judicial decision as to whether the facts alleged in a petition or other petitions are true.
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Admissible
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the evidence which can legally and properly be used in court, in accordance with applicable trial rules for such admission.
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Affidavit
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A statement or declaration reduced to writing and sworn or affirmed to before some officer who has the legal authority to administer an oath or affirmation, often a court clerk or notary public. A written statement of facts signed under penalty of perjury used to establish probable cause.
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Aggravating Circumstances
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Circumstances that will add time to the fixed sentence.
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AKA
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Also Known As.
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Alias
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An alternate name, may be a nickname.
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Alibi
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The claim of being at a place other than at the place of the commission of a crime at the time it occurred.
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Appeal
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The request to remove a case from the jurisdiction of a lower court to higher court for review.
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Appellee
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The party against whom an appeal is taken, also called the respondent.
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Appellant
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The party who initiates an appeal.
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Apprehend
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To seize, arrest, take into custody.
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Arraign
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To bring a prisoner to the bar of court to answer the matter charged upon him in the indictment.
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Bail
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The surety or sureties who procure the release of a person under arrest by becoming responsible for his appearance at the time and place designated.
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Bond
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An obligation of record entered into before the court requiring the performance of an act such as appearing in court as instructed on penalty of money forfeitures.
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Capias
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The general name for several species of writs the common characteristics of which are that they require the officer to take the body of accused or defendant into custody so that he may be taken before the court.
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Certiorari
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Writ issued by appellate court accepting lower courts’ decisions.
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Change of Venue
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The transfer of a legal action begun in one county to another county or the transfer of a legal action from one court to another court in the same county.
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Charge
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The underlying substantive offense contained in an accusation, indictment or information.
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Circumstantial
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The proof of facts that usually attend to other facts sought to be proven and which are not direct evidence.
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Coerce
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To threaten or force another person into a desired compliance or action.
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Commitment
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A process directed to an officer by which a person is to be confined to prison, usually by a court or magistrate.
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Complainant
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Party in a court action who makes the complaint of the cause of action.
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Concurrent
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Having equal authority or jurisdiction; running together at the same time.
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Confession
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A voluntary admission by an offender of his/her commission of a previously charged offense.
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Consecutive
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Following one another without interruption. Sentences must be served consecutively if, (1) another offense is committed within three years from the release of probation, (2) if the person is out on bond and they commit a new offense, or (3) if the person commits an offense while on probation.
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Conviction
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The act of proving or declaring guilt; rendering judgment upon said accused person.
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Corpus Delicti
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The body of the crime; the essence of the crime.
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Crime
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A violation of the government’s penal laws; an illegal act or failure to act.
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Criminal Proceeding
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A proceeding instituted to determine a person’s guilt or innocence or to set a convicted person’s punishment; a criminal hearing or trial.
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Custodian
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The person with whom a child resides.
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Custody
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Having legal and physical control and/or responsibility for a juvenile.
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Defendant
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The person defending or denying; the party against whom relief is sought in an action or suit.
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Delinquency
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The commission of an illegal act by a juvenile.
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Delinquent
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Failure to do what is required to by law; guilty of a fault or offense.
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Detainer
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An instrument placed with an agency for the purpose of detaining the subject presently in custody.
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Detention
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The act of retaining or detaining and preventing the removal of a person or property; the act of keeping in custody or confinement.
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Juvenile Detention
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The temporary confinement of a minor by a public offender pursuant to law.
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Detention Center
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A highly secure residential facility for delinquent or allegedly delinquent juveniles.
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Deposition
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A written testimony under oath (witness not appearing in court). The testimony of a witness in writing or the recording to be used in a later court hearing.
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Dismissal
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Final ending of a charge; an end to the proceedings.
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Disposition
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The action by a criminal or juvenile justice agency which signifies that a portion of the justice process is complete and that jurisdiction is terminated or transferred to another agency or which signifies that a decision has been reached on one aspect of the case and different comes under consideration requiring a different kind of decision. The order of juvenile court determining what is to be done with a minor adjudged to be within the court’s jurisdiction.
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Diversion
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A deviation or alteration from the natural course of things.
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Diversion program
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A program that refers certain criminal defendants before trial to community programs, on the job training, education and the life, which if successfully completed may lead to the dismissal of the charges (pre-trial diversion).
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DOB
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Date Of Birth.
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Docket Number
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Cause number, case number; assigned to case by the court for purposes of identification.
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Emancipation
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Free from parental control and able to support oneself.
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Entrapment
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An improper or illegal inducement to crime by agents of law enforcement with the intent to persuade the person to offend; also, a defense that make be raised when such inducements have occurred.
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Expungment / Sealing
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The destruction or sealing of records after passage of specified time or age that a person has not committed another offense.
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Extradition
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The surrender of a fugitive or prisoner by one state, nation or legal authority to another for trial or punishment.
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Executioner
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Warden or designated person of the ward.
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Face Sheet
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First page of presentence investigation.
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Facts Finding Hearing
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The juvenile version of an adult trial.
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Felony
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Any crime more serious than a misdemeanor, punishable by more than one year in a state prison.
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Fugitive
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An absconder for whom a warrant is active.
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Guardian Ad Litem
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Person appointed by the court to represent a child’s interest and to provide the child with services requested by the court. NOT a legal guardian.
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Grand Jury
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A jury ranging from 12-23 members chosen to investigate accusations of a crime and bring an indictment against the person accused if there is enough evidence for a trial.
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Habeas Corpus
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A writ directed to the person detaining another and commanding him to produce the body of the prisoner.
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Habitual Offender (before 7/1/14)
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Two (2) prior unrelated felonies; may add additional 30 years to term; if 10 years since last on probation, court may subtract 25 years.
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Indictment
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A written accusation against one or more persons of a crime presented by and preferred upon oath or affirmation by a grand jury.
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Informal Adjustment
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A type of disposition used primarily for first time offenders which does not involve a court hearing. NOT diversion.
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Information
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A formal accusation of crime differing from an indictment only that it is preferred by the prosecuting officer instead of by a grand jury.
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Injunction
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An order from the court directing an individual not to do some act.
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In Re Gault / Gault Decision
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The decision of the U.S. Supreme Court setting for the fact that all minors have the same constitutional protections as adults.
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Intake
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The section in juvenile court that makes preliminary investigations to determine how best to handle the case in the best interests of the child and the community.
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Intermittent Sentence
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A sentence of incarceration of not more than 60 days to be completed within 1 year (usually on weekends).
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Interstate Compact
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An agreement between the 50 states by which each state agrees under certain circumstances to accept probationers of other states for supervision.
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Judge Pro Tempore
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A judge for temporary services.
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Mandate
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An order from a court directing an official or lower court to do some act.
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Misdemeanor
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Breaking a criminal law less serious than a felony; punishable by one year or less in jail.
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Mitigating Circumstances
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Circumstances that will deduct time from the fixed sentence.
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Modification
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The juvenile version of an adult revocation.
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Neglect
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Failure of a parent to provide care or provide inadequate care.
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Nolo Contendere
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“I will not contest it.” A plea having the same legal effect as plea of guilty in regards to all the proceedings on the indictment and on which the defendant may be sentenced (pleading straight-up).
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Nolle Prosequi
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"We will not prosecute." An entry made on the record by which the prosecutor or the plaintiff declares that he will proceed no further.
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Non-Support
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Deliberate failure to provide for the support of minor children.
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Omnibus Hearing
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Sometimes referred to as pre-trial; prosecutor and defense attorney meet to determine whether to have a bench or jury trial, set a trial date and exchange witnesses and exhibits.
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Parole
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Release from prison based upon good behavior but subject to administrative rules and regulations.
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Perjury
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A criminal offense of making false statements under oath.
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Petit Jury
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A jury consisting usually of 12 persons chosen to decide a case in court.
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Petition (Juvenile)
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The legal document prepared by the juvenile court that sets forth the charge as it is stated in the statutes.
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Petition
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A written order of the court for some type of action; a complaint; a formal allegation.
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Plea
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The answer by the defendant of guilty or not guilty in a criminal case.
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Plea Agreement
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An agreement between a prosecuting attorney and defendant concerning the disposition of a felony or misdemeanor charge.
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Post Mortem
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After death.
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Predispositional Report
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A document that is completed by the juvenile probation department that contains an in-depth legal and social history of the child and family; contains a recommendation for the care, rehabilitation and treatment of the child, participation of parents and financial responsibility; it is done when the juvenile goes to court (a juvenile PSI).
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Preliminary Inquiry
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An informal investigation into the facts and circumstances reported to the court.
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Preponderance
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"More probable than not." Greater weight of evidence (probable cause); 51%.
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Presentence Investigation
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A report prepared by the probation officer at the request of the court with information the judge may use in sentencing the defendant.
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Presumptive Sentence
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An average sentence for a particular crime, especially provided under sentencing guidelines, that can be raised or lowered based on the presence of mitigating or aggravating circumstances (advisory sentence).
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Prima Facie
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"At first sight." The evidence which, when unexplained and contradicted, appears to be sufficient to establish a fact.
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Probation
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The permission by the court to allow a person who has committed an offense and could be incarcerated to remain at liberty; requires compliance with stated conditions or a conditional release from custody under supervision of the probation department.
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Probation User Fee (PUF)
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Monthly fee paid by probationers while on probation.
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Prosecutor
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The lawyer responsible for representing the government side of the case.
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Public Defender
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A lawyer who is appointed by the court to represent an indigent offender during a criminal prosecution.
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Rap Sheet
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The record of arrest of an individual.
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Receiving State
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State receiving probationer through use of the interstate compact for supervision of probation.
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Recidivist
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A repeat offender.
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Referee
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A court worker appointed by the judge to hear juvenile court cases and to make the same adjudication and disposition decisions as a judge.
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Res Judicata
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Matter that has been decided.
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Restitution / Reparation
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The court-ordered repayment of that which was taken wrongfully from a victim by an offender; the repayment by an offender for the injury caused upon a victim; repayment may be in money, providing services, etc.
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Revocation
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A repeal, concealing or withdrawal. Action taken, possibly imprisonment, as a result of a violation of probation.
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Search Warrant
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A warrant requiring the officer to whom it is addressed to search a place for specified property, and if found, to bring such property and the person possessing it before the court or authorized officer.
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Sending State
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Under the interstate compact, the state from which the probation in transferred.
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Secure Detention Facility
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Locked facility; status offenders cannot be placed here except for habitual runaways with a court order.
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Shelter Care Facility
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A place of residence that is licensed under the law to house children and is not locked to prevent the child’s departure unless to protect the child’s health.
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Split Sentence
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A sentence whereby the court orders a convicted offender to serve a fixed term in jail or prison and later be released to a term of probation as a suspended portion of the total sentence.
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Status Crime
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A crime of which a person is guilty by being in a certain condition or of a specific character.
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Status Offense
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Acts of delinquency that are not crimes for adults (truancy, curfew, runaway, incorrigibility).
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Subpoena
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A legal document usually issued by a court clerk that the named person appear in court on a stated date and time to give testimony on a case to be heard by the court. Failure to appear for the hearing is punishable as contempt of court.
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Summons
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Legal document issued by the clerk or other court officer notifying the person that a lawsuit or legal case has been filed against or involves him and notifies of any dates scheduled for hearing. Does not require court attendance.
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Suspension of Sentence
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To withhold the imposition of execution of a court-ordered sentence.
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Testify
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To give evidence in a court of law under oath.
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Testimony
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A statement used for evidence.
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Tolling Time
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The time that elapses between filing a revocation and when judgment is imposed. Defendant does not receive credit for this time.
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Tort
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A wrong based on the act or the omission of an act by a person that caused an injury to another person or property of another person in violation of another duty imposed by law.
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Verdict
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A decision of a jury in a civil or criminal case or an issue submitted for its judgment.
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Victim
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A person who has be kidnapped, swindled, defrauded, robbed, abused, injured in an accident, or suffered other types of wrong by criminal acts.
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Waiver
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Giving up a right or a claim, or a refusal to accept a right. The understanding and voluntary relinquishment of a known right, such as the right to counsel or the right to remain silent during police questioning.
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Ward
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A person, especially a child, who is legally under the control and protection of a guardian or of a court.
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Warrant
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A legal document issued by a judge authorizing search and seizure or the arrest and detention of a specified person. No hearing is required and the person need not be notified but the court must be given probably or reasonable cause to believe the warrant is necessary for the apprehension before it is issued; use affidavits.
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Writ
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An order issued by the court commanding that a certain act be done or not done.
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