Criminal Law Terms
Criminal Law Terms
A crime considered serious enough to be punishable by death. The federal government currently has the death penalty for some felony offenses, while states have different policies on the death penalty. Some states do not have a death penalty, some have a death penalty that is not generally used, while others frequently make use of their death penalty.
Various states have different laws relating to the carrying of concealed weapons. In some states, it is completely illegal to carry a firearm or knife out of plain view. Other states require a special license for the carrying of concealed weapons. In some cases, the party charged with carrying ca concealed weapon must have intent to use the weapon to harm another person, while in certain states, merely carrying the concealed weapon is illegal.
Decisions issued by appellate courts; the legal principals announced in these decisions are binding for all lower courts.
A high-level trial court, with a broad range of powers, including hearing appeals from District Courts. Circuit Courts address criminal, civil, and family law.
Indirect evidence implying something occurred without proving it directly. E.g.: circumstantial evidence of embezzlement includes proof that defendant-employee made several expensive purchases in cash at or around the time that the alleged embezzlement occurred.
A case between two private parties addressing personal wrongs, generally involving financial or other compensation on the part of the losing party. Civil cases include divorce, personal injury, landlord-tenant, small claims, contract or property disputes. Civil plaintiffs may also request that the court tell the defendant to cease some behavior or do something specific.
A group of legal principals whose authority comes from the customs of ancient times, or the actions of courts that recognize or enforce such customs. In the United States, this refers particularly to the ancient unwritten law of England. Common law is different from statutory law, which is written and put into practice by a legislative body such as Congress or state government.
Time served that counts towards more than one criminal sentence, rather than having to serve sentences one after another (consecutively).
The age at which a minor is considered to have the legal capacity to consent to sexual activity. The age of consent varies by state, and in many cases, the age of consent for two minors is different than for a minor engaging in sexual relations with a person over the age of eighteen.
An express or implied agreement between two or more persons to do an illegal act, or to commit a legal act in an illegal manner.
Goods, such as specific weapons or controlled or illegal substances, barred by law
The decision of a judge or jury that an accused person is guilty of the crime of which they are accused.
Latin for “body of the crime;” objective proof that a crime has been committed, without which a confession of a crime is not admissible.
An “intermediate” appellate court. Final decisions from a Circuit or Probate court hearing may be appealed to the Court of Appeals. Consists of a panel of three elected Court of Appeals judges, at least two of whom must agree on the ruling. Panels are frequently rotated so that a variety of judicial decisions are considered. The decision of the panel is final, except for cases that gain Supreme Court reviews.
A specialized court that handles only claims over a set amount filed against a government or one of its departments. All trials heard by the Court of Claims are heard by a judge, not a jury.
Criminal Sexual Conduct Commission of sexual acts on a person in a position of subordination, a minor child, an inmate, generally using force or coercion. Depending upon the specifics of the charges, the sentence can range from a fine and one year in prison to life imprisonment.
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