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- Acquittal
- A legal judgment, based
on the decision of either a jury or a judge, that an accused is not guilty
of the crime for which he or she has been charged and tried.
- Adjudication
- The judicial decision
that ends a criminal proceeding by a judgment of acquittal, conviction, or
dismissal of the case.
- Appeal
- Following a conviction,
the offender may appeal the judgment of conviction to the state appellate
with jurisdiction over the cause. In Missouri, the Missouri Supreme Court
automatically has appellate jurisdiction where a sentence of death has been
imposed; otherwise, the appeal is heard by the Missouri Court of Appeals.
- Arraignment
- The first appearance
before the court by a person charged, at which time he or she is advised of
the pending charges, the right to counsel, and the right to trial by jury.
- Arrest warrant
- An order made on behalf
of the state, based on a complaint, and signed by a judge authorizing police
to arrest a person thought to have committed a crime. A person arrested on
a warrant stays in jail until bail is posted or until released by order of
the court.
- Associate Circuit
Court
- In Missouri, an accused
is arraigned in the Associate Circuit Court, prior to being bound over to
the Circuit Court for further proceedings.
- Bail
- Money or property promised
or given to the court as security when a defendant is released before and
during his or her trial with the agreement that he or she will return to court
when ordered to do so. The court sets the bail amount or value depending on
several factors, including seriousness of the charges and the likelihood that
the defendant will attempt to flee prior to the required court appearances.
Bail is forfeited to the court if the defendant fails to return to court.
- Beyond a Reasonable
Doubt
- The degree of proof needed
for a judge or jury to convict an accused person of a crime.
- Burden of Proof
- In the criminal context,
the State carries the burden of establishing beyond a reasonable doubt that
the accused committed the offense for which he or she is charged.
- Capital
Offense
- In Missouri, the commission
of murder in the first degree, i.e., killing another person with deliberation,
is punishable by a sentence of death, or life imprisonment without the possibility
of probation or parole.
- Charge
- A formal accusation filed
by the prosecutor's office that a specific person has committed a specific
crime; also referred to as "pressing charges."
- Circuit Court
- In Missouri, the Circuit
Court has jurisdiction in criminal matters over all felonies.
- Complaint
- A preliminary charge
made by the state that a person has committed a specified offense.
- Concurrent Sentences
- Running together -- concurrent
sentences run, or are served, at the same time.
- Consecutive Sentences
- Sentences run one after
the other.
- Continuance
- A delay or postponement
of a court hearing; the case is said to be "continued" when it has been delayed
or postponed. A case can be continued for good cause, such as illness or witness
unavailability, or by agreement of the parties.
- Conviction
- A judgment of the court,
based either on the decision of a jury or judge that the defendant is guilty
of the crime for which he or she was tried.
- Crime
- A violation of the law.
- Defendant
- A person who has been
formally charged with committing a specific crime.
- Defense
Attorney
- The lawyer who represents
the defendant in a legal proceeding.
- Deposition
- Sworn testimony of a
witness taken outside of court in the presence of the attorneys for the defense
and prosecution. A deposition can be used at trial to impeach or discredit
a witness's testimony or can be read to a jury if the witness is unavailable.
- Dismissal
- A decision by a judicial
officer to end a case for legal or other reasons.
- Disposition
- The final decision which
ends a criminal proceeding by judgment of acquittal or dismissal or which
sets the sentence if the defendant has previously been convicted.
- Felony
- A serious crime punishable
by more than one year in prison.
- Grand
Jury
- A body of persons, selected
and convened upon order of a judge, to inquire into and return indictments
for crimes. The grand jury has the power to request that the circuit clerk
issue subpoenas to bring people testify before it.
- Habeas
Corpus - federal
- Refers to a proceeding
wherein a prisoner challenges the lawfulness of his or her imprisonment. An
action by way of writ of habeas corpus does not function to determine the
prisoner's guilt or innocence. When the proceeding is brought by a state inmate,
review extends to the constitutionality of the imprisonment. For more information,
see the Criminal Prosecution Procedure page.
- Hearing
- A legal proceeding in
which arguments, witnesses, and/or evidence are heard by a judicial officer
or administrative body.
- Hearsay
- Testimony of an individual
that is not from his or her personal knowledge, but from what the witness
has heard another person say.
- Implied
Consent
- If one is granted the
privilege of possessing a driver's license, one has automatically given "implied
consent" to submit to alcohol or drug testing. In Missouri, refusal to consent
to testing results in revocation of the license for a period of one year.
The revocation is handled administratively through the Missouri Department
of Revenue, rather than through a criminal court proceeding.
- Indictment
- Formal charging document
presented by the prosecuting attorney to a grand jury. The grand jury may
then issue the indictment if it believes that the accusation, if proved, would
lead to a conviction.
- Information
- Formal charging document
issued by a prosecuting attorney (with no grand jury involvement).
- Infraction
- A violation of a statute
in which the only punishment authorized is a fine and which is expressly designated
as an infraction.
- Jail
- Local facility where
persons in lawful custody are held; defendants awaiting trial and defendants
convicted of minor crimes usually are held in jail, as opposed to prison.
- Judicial Officer or
Judge
- An officer of the court
who determines causes between parties or renders decisions in a judicial capacity.
The judge generally decides questions of law, except in the case where a jury-trial
is waived, the court also then functions as a fact-finder.
- Misdemeanor
- A crime that is less
serious than a felony and for which the punishment is usually imprisonment
for one year or less, usually in a jail or other local facility, and/or a
fine.
- Nolle
Prosequi
- Voluntary dismissal of
criminal charges by the state.
- Parole
- Release of a prisoner
from imprisonment, but not from legal custody.
- Personal Recognizance
- The promise of an accused
person to the court that he or she will return to court when ordered to do
so. The promise is given in exchange for release before and/or during his
or her trial.
- Plea
- A defendant's formal
answer in court to the charge(s) that he or she is accused of committing.
- Plea Agreement / Plea
Negotiation
- An agreement between
the State and defendant wherein the defendant agrees to plead guilty under
certain terms and conditions. Since both the State and the defendant risk
losing should the case go to trial, plea agreements are a means of arriving
at a reasonable disposition without the necessity of going to trial. In Missouri,
the victim has the right to be made aware of the plea agreement and to comment
on the offer. All plea agreements are subject to the judge's approval.
- Plea of Guilty
- Admission of guilt in
open court.
- Postconviction Proceedings
- Following conviction
and direct appellate review, many states provide for procedures for postconviction
review. Typically the grounds for relief under these proceedings are both
limited and different from those on appeal from a conviction. For more information,
see the Criminal Prosecution Procedure page.
- Preliminary Hearing
- The hearing for a person
charged with a felony before an associate circuit judge, wherein the State
must establish that there is probable cause to believe that the accused committed
the specific crime charged, and which may require witness testimony.
- Pre-Sentence Investigation
(PSI)
- The PSI is usually conducted
by a probation officer after a plea or verdict of guilty. Done before sentencing
to enable the judge to learn more about the defendant so that he or she is
better able to impose a proper sentence. The PSI includes information about
the defendant's criminal history and personal background. The individual conducting
the PSI will contact the victim(s) of the crime to determine how he or she
has been impacted by the defendant's actions.
- Prison
- State facilities where
persons convicted of the commission of a felony are held. In Missouri, prisons
are operated under the direction of the Missouri Department of Corrections.
- Pro Se
- When the defendant is
not represented by counsel, as he or she has waived the right to counsel in
a criminal proceeding, or is otherwise not represented in a civil proceeding.
- Probable Cause
- Degree of proof needed
to arrest.
- Probation
- Conditional freedom granted
to an offender by the court after conviction or a guilty plea with requirements
for the offender's behavior, and which any violation of such requirements
may result in revocation of the probation. Supervision is usually by a probation
officer.
- Prosecutor
- A lawyer employed by
the government to represent the general public's interests in court proceedings
against people accused of committing crimes.
- Public Defender
- An attorney that is employed
by a government agency to represent defendants who are unable to hire private
counsel.
- Restitution
- Payment made by a defendant
to the victim as reimbursement for monetary losses incurred as a result of
the crime. Restitution may be ordered by the court as part of a sentence.
- Subpoena
- A court order requiring
a person to appear in court on a specified day and time to give testimony.
May also include an order to produce documents or records. Failure to appear
constitutes contempt of court.
- Summons
- Court order used to bring
a person accused of a minor crime to court.
- Suspended Execution
of Sentence (SES)
- Disposition of the criminal
case where the defendant is actually sentenced to a specific period of incarceration,
but is placed on probation without having to serve that sentence if the conditions
of probation are met.
- Suspended Imposition
of Sentence (SIS)
- Disposition of a criminal
case where the defendant is placed on probation without an actual sentence
or period of incarceration being imposed. The defendant may be later sentenced
and incarcerated if the conditions of probation are not successfully met.
- Victim
Impact Statement
- A statement given by
the victim(s) which details how the crime has affected him or her, and in
noncapital cases, what sentence the victim believes would be appropriate.
The statement is the only time that a victim will have to address the judge,
who imposes the sentence on the accused. The statement is given to the prosecuting
attorney, who forwards it to the judge after a verdict is reached and prior
to sentencing.
- Voir Dire
- Procedure in which the
prosecutor and defense attorney question prospective jurors to pick a jury.
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