Criminal Defense Terms and Definitions

Abstract of record A short, abbreviated form of the case as found in the record. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. 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. Admissible evidence Evidence which can legally and properly be used in court. 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. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Fourteenth Amendment Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process. Misdemeanor A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C. Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation.

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	Did You Know?
	There are 3 basic types with standard of proof There are essentially three standards of proof applicable in most court proceedings. In criminal and delinquency cases, the offense must be proven beyond a reasonable doubt, the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere preponderance of the evidence (more likely than not). In some civil cases, and in juvenile proceedings such a permanent termination of parental rights, an intermediate standard applies: proof by clear and convincing evidence.