Policy Text
TRAINING BULLETIN
LEGAL TERMS
Bulletin Index No.: II – A.1
Master Alphabetical Index: Legal Terms
Publication Date: 27 Dec 79
Our democratic society provides many safeguards for the liberties of the
individual citizen. One of the most impor tant is the right to protection against
false imprisonment. In criminal matters, th e rules of evidence, the laws of arrest,
and the complexities of courtroom pro cedure are all intended to provide the
highest degree of certainty that a person convicted of a crime is actually guilty.
The trial is the final step in a long seri es of procedures established to guarantee
that an accused person's action’s are judge d – and his future determined – by an
impartial court of law. . As a police officer you have an important role in criminal proceedings. To
perform your duties properly, it is essentia l for you to understand the workings of
the courts and, therefore, the technical language of the courts. This Training
Bulletin provides an alphabetical list of words and phrases used in courtroom
business and written materials pertaining to criminal cases. Many of the definitions contained herein can be found in Black's Law Dictionary
,
the standard reference for legal usage, some, however have been modified to
reflect local use and California law.
TB II-A.1
2 Abet:
To encourage, incite, or set another on to commit a crime; to abet another is to command, counsel, or help him to commit it . Accessory: A person who, having full knowledge that a felony has been committed, knowingly harbors, conceals, or aids a principal in su ch felony, with the intent
that the principal may avoid or escape arrest, trial, convict ion, or punishment.
Accusation: The formal charge against the accused which is laid before a court or magistrate
having jurisdiction of the offense. Accused: The person against whom an accusation is made; one who is charged with a
criminal offense. Acquittal: The judicial pronouncement that the accused is not guilty. Action:
A legal proceeding brought by one party against another. In criminal matters, the accusation brought against the defendant by th e People of the State of California.
Synonymous with “suit” or “law suit.” Adjournment: Postponing a session or a hearing to some other time or place. A recess
is a brief
suspension of court busine ss without adjournment.
Admission: A voluntary statement by a person of the existence of certain facts tending to
incriminate him or to prove the offense charged but not a confession of actual
guilt. Against the interest of the party making it.
TB II-A.1
3 Admitted to Bail:
Allowed to go free on putting up a cash, or other type of bond.
Affidavit: A written statement or declaration sworn to or affirmed before some officer who has authority to administer an oath. Affirmative Defense: The assertion by a defendant of new matte r over and above a general denial of
guilt which, assuming the accusation to be true, would relieve him of criminal responsibility; e.g., insanity is an affirmative defense.
Aggravation: Any circumstance attending the commission of a crime or tort which increases its
guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crim e or tort itself. In sentencing, facts
related to the crime or the defendant which prompt the judge to give the
maximum term of punishment for the offense. Aggressors: One who first employs hostile force
Alibi: “Elsewhere;” a defense showing that th e accused was in another place when the
offense occurred. Altercation: Warm contention in words, a dispute carri ed on in heat or anger; a controversy.
Appeal: The process of obtaining a re view of the proceedings in an administrative hearing
or in a lower court by a superior or higher court. Appearance: The presence of the defendant or a party in any proceeding by which he places himself before the court in orde r to participate in the action.
TB II-A.1
4 Appellant:
The party who asks a higher court to review the proceedings of a lower court in a
particular case. Appellee (Respondent): The prevailing party in the lower court ag ainst whom an appeal is taken in a
higher court. Arraignment: The act of calling the accused before the court so that he can hear the formal
accusation against him – the indictment, information, or complaint – and then
enter his plea. It is at the arraignment th at the People first learn what the accused
proposes to do about a charge. He may plead guilty, not guilty, or stand mute. If
he stands mute, a plea of “not guilty” must be entered. Arrest: The act of d depriving a person of his liberty under legal authority.
Attempt: An overt act done with the intent to commit a crime which, because prevented, falls short of the completion of the crime itself, but, which is a substantial step
toward its completion.
Bail: The bond furnished by a prisoner to secure his temporary releas e pending trial or
appeal following conviction. Bailiff: A court officer charged with the care of the prisoner, the comf ort of the jury, and
the decorum of the court. In California, this officer is designated a constable in justice courts, a marshal in municipal cour ts, and a bailiff in superior courts.
Bench Warrant: