Criminal Justice Law Terms

• The scales of justice represent the law. Ross Durant Photography/Brand X Pictures/Getty Images

  Criminal law includes the rules and laws that were established by the U.S. Congress or state legislatures. These deal with any criminal action that can cause harm to the public. Criminal law includes penalties that are appropriate for this behavior such as punishment, rehabilitation or prevention. There are common terms used in fulfilling the objectives of criminal law.

Pre-Trial Criminal Justice Law Terms

• Several terms are used before the trial begins.

  Probable cause is the proof needed to arrest the suspect.

  Arraignment refers to the first appearance before the court by the person charged. He/she is advised of the pending charges, his right to counsel and a trial by jury.

  Bail refers to money or property given when a defendant is released before the trial. The understanding is that he will return to court on the date required. The amount depends on the seriousness of the charges and the likelihood that the defendant might not return to court as requested. It is understood that it will be forfeited if the defendant does not appear at the designated time.

  The grand jury is the group of people selected by the judge to inquire and return the indictment. It has the power to issue subpoenas to bring other people to the trial.

  The indictment is the formal charging which the attorney gives to the grand jury.

  A plea agreement is between the defense counsel and the prosecutor whereby the defendant agrees to be found guilty of a lesser offense. This usually enables him to avoid a trial.

Criminal Justice Law Terms for Trials

• Voir dire is the process by which the prosecutor for the defense attorney questions the potential jurors in order to pick a jury.

  A jury trial is one that consists of peers who decide the facts based on the evidence presented.

  Burden of proof refers to the fact that the prosecution must prove beyond a reasonable doubt that the accused person actually committed the crime for which he/she is charged.

  Acquittal determines if the accused is not guilty of the crime for which he is charged.

Terms Related to Consitution

• Habeas corpus is a proceeding where a prisoner challenges his or her imprisonment. It is for the purpose of determining the constitutionality of the imprisonment. The prisoner may petition to be released from prison.

  Miranda rights protect the individual's Fifth Amendment right to protect himself against self-incrimination. The warning must be given by the law enforcement officials.

  Unlawful search and seizure is based on the Constitution, and provides that citizens should be protected from unreasonable searches and seizures.

  Excessive bail or cruel and unreasonable punishments are not allowed by the Constitution's Eighth Amendment.

General Criminal Justice Law Terms

• Felony is a serious crime punishable by more than one year in jail. The precise criteria will vary from state to state.

  Subpoena is a court order that requires someone to appear in court at the day and time requested.