Terms
Criminal Law Terms
Latin meaning “anew” or “afresh.” A “trial de novo” is the retrial of a case. This standard of review means that an appellate court may substitute its own judgment for that of a trial judge, allowing for separate and differing interpretations of the law.
An oral statement used in civil cases to examine potential witnesses, obtain discovery, or for use at a later point in trial. Depositions must be made before an officer who is authorized by law to administer such oaths. Depositions are not used in criminal cases.
Evidence that proves an alleged fact on its own, such as testimony by a bank teller that she saw the defendant point a gun at her and heard him demand money in the course of a bank robbery.
Disorderly Conduct
Socially offensive behavior, including failure or refusal to support one’s dependants, prostitution, public intoxication that endagers others, causing a public disturbance, indecent or obscene conduct in public places, vagrancy, loitering, or panhandling. These are misdemeanor charges that often involve a fine or short jail sentence.
A hearing in the Juvenile Court. Equivalent to the “sentencing” process in adult courts.
The starting point for all criminal cases involving persons tried as adults. Misdemeanor cases and civil infractions, small claims actions, and other “less serious” cases are generally tried in the district courts.
Actions that disturb others. Minor criminal offenses, such as public drunkenness, loitering, disturbing the peace, and loud threats or parties.
An agreement under which some minor criminal, traffic, or juvenile cases are removed from the full judicial process on the condition that the accused participates in rehabilitation or makes restitution for the damages. There is no formal conviction/adjudication, and an admission of guilt may not be required. If the accused completes this informal probation successfully, the matter is generally closed, and erased from the record. Diversions are more frequently offered if the accused is a first-time offender, or if the alleged crime involves property. Charges may be withheld by the prosecutor’s office in some cases.
A written list of all important acts taking place in court during the conduct of an individual case from beginning to end. The term is commonly (and improperly) applied to the case calendar, which is a list of cases set for a hearing by a court on a specific day.
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