GLOSSARY OF LEGAL TERMS
ACQUITTAL • This is a “not guilty” verdict, where a judge or jury decides the prosecution has not proven a criminal defendant’s guilt beyond a reasonable doubt.
AFFIDAVIT • A written document and sworn statement, that outlines the facts and circumstances that show why a suspect should be arrested.
AGGRAVATING FACTORS • Facts that increase the seriousness of the crime and may contribute to a longer prison sentence. (Opposite is Mitigating Factors)
APPEAL • The process in which an appellate court reviews the trial court’s decision or verdict. The higher courts can question the application of the law to a case and/ or determine whether the defendant received a fair trial; these courts cannot judge the facts in the case. There are many levels of higher courts, the highest being the U.S. Supreme Court, after which no more appeals may be made. Only a defendant is allowed to appeal their verdict; the DA is not allowed to appeal a verdict they don’t like.
ARGUMENTS • Both sides present their version of the facts in the case, or their “side of the story,” to the judge. They argue what law(s) they believe apply, either orally and/ or in writing. The other side can respond with a “rebuttal” which argues against what is presented.
ARRAIGNMENT • The court proceeding during which the accused person is formally told of the charges against him or her, and s/he makes a formal plea (guilty or not guilty) The accused is now called a defendant.
ASSISTANT DISTRICT ATTORNEY (ADA) • The particular lawyer handling or prosecuting your case from the District Attorney’s office.
AUTOPSY • A forensic examination of the body to determine the cause of death.
BAIL • A money guarantee set by the court to guarantee the accused person will appear in court at an appointed time, thus allowing them to be released from custody. A bail bond is a percentage of the bail amount set. Bail amounts can be reviewed and changed by judges. Bail is usually denied in homicide cases.
BILL OF INDICTMENT • Formal charges brought by the Grand Jury.
BILL OF INFORMATION • Formal charges written and filed by the DA.
BRIEF • A written legal document used by the defense lawyer or prosecutor (ADA) to provide essential facts to the court, thus explaining their side of the case and how they think the facts should be applied to the law. It may also state questions of law, as a way to ask for the court’s ruling on specific points. The judge makes a ruling on each motion, either granting or denying it, or may grant some parts of the motion, and deny other parts. The terms motions, pleadings, and briefs can be used interchangeably.
BURDEN OF PROOF • Since the State has pressed charges against the defendant, they have to prove their charges beyond a reasonable doubt (which is the highest standard of proof used in any court litigation).
CALENDAR • A list of cases to be heard by each court on particular days. The Clerk of Court prints this out.
CAPITAL CRIME • A crime where there has been a murder, which is punishable by death or life in prison.
CASE MANAGEMENT CONFERENCES • Regular charge conference meetings between the NOPD and DA to review evidence, decide what charges to bring against the suspect, and determine if the case is ready to proceed to court.
CHARGES • Every individual violation of the law is listed as a separate charge.
CIRCUMSTANTIAL EVIDENCE • Evidence that is not certain and which allows for more than one explanation.
CLERK OF COURT • Department that keeps track of court documents and filings, and prints a calendar of what cases are to be heard by each judge daily. They also keep track of bond amounts posted for each defendant.
COLD CASE • If an arrest is not made after a year, the case goes “cold,” but can be reopened with new evidence.
COMPLAINT • A written accusation filed by the prosecutor that accuses one or more persons of committing one or more crimes.
CONFLICT OF INTEREST • An attorney has a responsibility to defend his/her client fairly and vigorously. If the attorney (or any court personnel) has an
economic interest or personal relationship with their opponent, this could conflict with the attorney’s focus on their client’s best interests. Lawyers typically do not represent more than one defendant in a particular case.
CONTINUANCE • A delay or postponement of a court hearing or trial, requested by the DA or defense, or both together, or by the judge.
CONVICTION • A guilty judgment, which will be based on a verdict of a jury or judge. It may also result from a defendant who pleads guilty or “nolo contendere” (no contest).
CORONER • The person who is charged with investigating certain classes of death. The Coroner decides whether to do a full or limited investigation. All deaths must be reported to the Coroner. They determine the official cause of death.
COUNTS • Each separate charge involved in a crime is numbered, e.g. Count 1 for burglary, Count 2 for kidnapping, etc.
DECEDENT • The person who has died.
DEFENDANT • The person formally charged with a crime.
DEFENSE ATTORNEY • The attorney representing the suspect or defendant. This might be a private attorney, or a Public Defender appointed by the court.
DEGREES • The seriousness of each charge (also called classes) is classified and referred to in numbers, e.g. 1st degree, 2nd degree, 3rd degree. The more serious charges begin at 1.
DEPOSITION • The taking and recording of a witness’s testimony under oath before a court reporter, in a place away from the courtroom, and done before the trial begins.
DISCOVERY • Before trial, there is an exchange of evidence between the prosecutor (ADA) and defense attorney. This might include witness statements, police reports, or scientific examinations. Discovery permits attorneys to prepare their cases and helps ensure a fair trial. If evidence is withheld, it may result in a mistrial or dismissal.
DISMISSAL • A decision by the DA to stop prosecuting a case, without making a decision as to the guilt or innocence of the defendant.
DOUBLE JEOPARDY • When a case has already been decided in favor of the
defendant, the State does not have the right to try the same facts again in order to try and obtain a different verdict via a “bite at the same apple.”
EVIDENCE • Testimony of witnesses, documents, photos, videos, lab reports, and material objects, that can prove or disprove anything that is related to the case.
EXHIBITS • Items like photos, documents, or physical objects from the crime scene, can be admitted at a hearing or at trial; documentary evidence, such as correspondence or relevant items (e.g. bank statements) may also be introduced. Exhibits are given a numbered identification.
EXPERT WITNESS • A person with training, education, and experience on a particular subject. Such a person can give opinions in court on their areas of expertise.
FELONY • A serious offense usually punishable by a state prison sentence or even by death, and with fines also possible, e.g. murder, kidnapping, extortion. (The greater the crime, the greater the punishment.) Probation, with or without jail time, may be possible. This offense will become part of a person’s permanent record.
FIRST APPEARANCE • This is also called a Probable Cause Hearing. It is held in
Magistrate’s Court within 48 hours of a suspect’s arrest, to decide if the arrest is justified.
GRAND JURY • A group of 12 citizens who serve for 6 months, and meet once a week. They consider whether indictments should be returned in felony cases, and only hear the State’s evidence from the DA. Grand Jury proceedings are not open to the public.
HABEAS CORPUS • A written order that challenges the right of the State to continue the detention or imprisonment of an accused person. A defendant can file such a petition if they feel they did not have effective counsel, or other reasons related to the fairness of their trial.
HEARSAY • A statement based on information heard from someone else. Hearsay is usually not admissible at trial.
HUNG JURY • The result when a jury cannot unanimously agree on a verdict of guilty or not guilty. The case may or may not be retried, at the discretion of the prosecutor (DA).
INDICTMENT • A formal accusation against a subject is given by a Grand Jury, which is filed in criminal district court, and called a Bill of Indictment.
INVESTIGATORS • Investigators work to uncover evidence necessary to prove the crime. The NOPD, DA, and defense team will each have their own investigators.
ITEM CARD • An official document provided by the police, that lists what kind of case is involved, gives an item number, date and time, and the police officer’s name.
LITIGATION • The process of bringing and pursuing, or litigating, a lawsuit.
MAGISTRATE • A type of judge, who oversees the First Appearance/Probable Cause Hearing. There are also four commissioners who do the same work.
MISDEMEANOR • An offense punishable by imprisonment up to one year, a fine, or both. This offense may or may not show up on a person’s record. Less serious than a felony.
MISTRIAL • A trial that ends without a verdict. This might be because of a legal error in the proceeding, or because the jury cannot agree on a verdict. This may result in a retrial, or plea bargain, or dismissal of charges.
MITIGATING FACTORS • Information that a judge may consider in reducing the punishment of a defendant for a crime.
MOTION • See definition on briefs.
NOLLE PROSEQUI • Latin for “we shall no longer prosecute.” Made by DA.
NOLO CONTENDRE • A plea of “no contest” in which the accused does not admit guilt but does not contest the charge, and agrees to a punishment as if pleading guilty. This plea cannot be used in a civil case as an admission of guilt.
OBJECTION • This is a way to oppose evidence or arguments, or stop a line of questioning. If the judge agrees, the question is not allowed, and the objection will be sustained. If the question is allowed, it will be overruled. Objections also preserve legal issues for possible appeal later on.
PAROLE • The release of an inmate from prison, although that person is still considered to be in legal custody of the State. The inmate agrees to accept all terms and conditions of their parole agreement, and will not be released until signing the agreement. Parole can be revoked, or reversed, if the person violates their parole order. A parole officer will supervise parolees to see that they fulfill the conditions of parole.
PAROLE PANEL • A group authorized to act in deciding parole matters, run by the Department of Corrections.
PERJURY • Deliberate lying and giving false testimony while under oath. This may result in further punishment under the law.
PLAINTIFF • The person who was the alleged victim of a crime. In criminal cases, the State brings the case and takes the place of the plaintiff, and the DA will assign an attorney (ADA) to prosecute case on behalf of the State. In civil cases, a private individual(s) brings a lawsuit against another person(s) to take to trial.
PLEADINGS • See definition on briefs.
PLEA BARGAIN • A negotiated agreement reached between the plaintiff and defendant and their attorneys. Both parties agree to a specific punishment on condition that the defendant enters a guilty plea. The case will then not go to trial. The judge may reject the agreed-upon punishment. Family members may weigh in on this, but have no authority to decide on a plea.
PRELIMINARY HEARING • This occurs after the arraignment, and only when charges were filed in a Bill of Information. Evidence will be presented to the judge to decide if a crime has been committed by the defendant. (Note that if charges were filed via a Grand Jury indictment, a preliminary hearing is not held.)
PROBABLE CAUSE • Facts that lead one to reasonably believe that the accused committed the crime.
PROBATION • The granting of freedom to a defendant who has been convicted in court or has admitted guilt. Such freedom may have certain restrictions set by the court for a particular amount of time.
PROSECUTOR • A lawyer from the DA’s office, called an ADA (Assistant District Attorney), who conducts criminal prosecutions in court on behalf of the State (or “the people”). The victim/survivors do not pay for the services of the prosecutor.
REBUTTAL • Using evidence or argument to disprove or contradict an opposite position, and say it is not true.
RESTITUTION • Compensation for injury or loss caused by the crime.
REVOCATION • The canceling of parole or probation by mutual agreement of the interested parties.
SIDEBAR • Discussions between the judge and lawyers during court in front of the judge’s desk, so that the jury cannot hear. Also called bench conferences.
STANDARD OF PROOF • The legal requirement to prove a case at trial. The DA must prove the defendant committed the crime “beyond a reasonable doubt.” In civil cases, the standard is lower, and the plaintiff must prove its case with “clear and convincing evidence.”
SUBPOENA • A legal document that orders someone to appear in court and provide testimony, and/or produce documents in court.
SUPPRESS • To not allow something to be brought or heard at trial.
TESTIMONY • Spoken evidence presented at trial, or given at a deposition, under oath.
VENIRE • The pool of possible jurors who may be selected for trial.
VENUE • The location in which a jury is selected and a case is tried. The term “change of venue” may mean the trial is moved away from the parish where the crime was committed, when it is argued that a jury is likely to be prejudiced, and is agreed to at the discretion of the judge.
VERDICT • The final decision of the jury or judge as to the guilt or innocence of a defendant.
VOIR DIRE • The process by which people who have been called up for jury duty are questioned by the prosecutor (DA) and the defendant’s lawyer, in order to see if they are suitable to be on the jury. Each side may strike a certain number of possible jurors from the group.