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Common Criminal Law Terms

 

Some Common Terms Related to Criminal Law
 

If you have ever been charged with a crime, or even if you have only watched legal television shows, you have probably heard many unfamiliar and perplexing legal terms.

Courtroom proceedings are filled with archaic words, often Latin or Latin derivatives, that are meant to simplify legal concepts. The following is a list of terms you may hear:

  • Arraignment -- A court proceeding where the charges against you are officially read. You are required to enter a plea of guilty, not guilty, or, in some instances, "no contest."
  • Pro se/pro per -- This basically means you are representing yourself and that you don't have a lawyer.
  • Corpus delecti -- The body or essence of a crime (e.g., a body or a knife, or the elements of a crime).
  • Beyond a reasonable doubt -- The burden of proof that a prosecutor must meet before you can be found guilty of a crime.
  • Preliminary hearing -- This is like a mock trial where the prosecution tries to produce sufficient evidence that the case should proceed to a full trial. All the prosecuter must establish is that more likely than not you were involved. If the prosecution fails, the case is dismissed.
  • Voir dire (pronounced either: "vwa deer" or "vwa dire") -- This is a jury selection process where both the defense and the prosecutor question potential jurors. Both are allowed to excuse a certain number of potential jurors.
  • Habeas corpus -- Literally, this term means "you have the body." In reality, prisoners file writs of habeas corpus to challenge the legality of their continued incarceration.
  • Ipso facto -- Another Latin term that generally means "by the mere fact of/by the fact itself." It means that something is so apparent that it does not need to be explained any further.
  • JNOV ("judgment non obstante verdicto/judgment notwithstanding the verdict") -- This term is used when a judge reverses a jury verdict due to insufficient evidence or incorrect application of the law.
  • Lex loci fori -- This Latin term means that a judge will apply the law of the local forum.
  • Nolo contendre -- This is a plea entered by a defendant that equates to "no contest," which means that they neither admit or deny guilt. However, it is, functionally, a guilty plea. The purpose for such a plea is that it cannot be used against you in a related civil trial.
  • Statute of limitations -- A certain amount of time a prosecutor has to bring a claim against you.
  • Sua sponte -- Translated as "on its own motion," this is when a judge makes a decision that neither party asked for.

 

 

 

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