Criminal Defense Terms and Definitions

Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Accessory A person who assists in the commission of a crime, either before or after the fact. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Abstract of record A short, abbreviated form of the case as found in the record. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed. Felony A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree Miranda rule The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Manslaughter A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter.

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	Did You Know?
	Plea Bargaining - a process whereby the prosecutor and defense attorney negotiate Process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in a multi-count information, or for dismissal of another case.