Law & Bar 2023

The Legal Terms Glossary

100 criminal law Terms

100 criminal law Terms

"The Legal Terms Glossary: Criminal Law Edition" is a comprehensive guide that
provides detailed definitions and in-depth explanations for over 100 crucial legal terms
used in the realm of criminal law.”

1. Accomplice: 4. Alibi:
An individual who aids, abets, or participates A defense claiming that the accused was
in a criminal act with the intent to help the not present at the scene of the crime when
principal offender. it occurred.
Explanation: An accomplice is not the main Explanation: An alibi is presented to
perpetrator but plays a significant role in the show that the accused had no opportunity
commission of a crime, often by assisting or to commit the alleged crime due to being
encouraging the primary offender. in a different location.

2. Actus Reus: 5. Arraignment:

The physical act or conduct that constitutes a The formal process during which the
criminal offense. accused is informed of the charges
Explanation: Actus reus is one of the two against them and asked to enter a plea
essential elements of a crime, along with (guilty, not guilty, or no contest).
mens rea (intent). It refers to the actual Explanation: Arraignment is a critical
actions or behaviors that are illegal. stage in the criminal justice system that
marks the beginning of a trial.
3. Affidavit:
A written statement made under oath or 6. Bail:
affirmation, often used as evidence in court The temporary release of a defendant
proceedings. from custody, often with conditions, in
Explanation: Affidavits are used to present exchange for a set amount of money.
facts or evidence in a formal and sworn Explanation: Bail allows the defendant
manner, typically outside the courtroom. to remain free while awaiting trial,
provided they adhere to certain conditions
set by the court.
www.lawandbar.comt [email protected]
 Law & Bar 2023
The Legal Terms Glossary
100 criminal law Terms
7. Beyond a Reasonable Doubt: against discrimination based on factors
The high standard of proof required in a such as race, gender, religion, and more.
criminal trial, meaning that the evidence must
be so convincing that there is no reasonable 12. Conspiracy:
doubt of the defendant's guilt. An agreement between two or more
Explanation: Prosecutors must prove the individuals to commit a criminal act.
defendant's guilt beyond a reasonable doubt Explanation: Conspiracy charges can be
to secure a conviction. filed even if the planned crime is never
carried out, as long as there is evidence of
8. Burglary: an agreement to commit it.
The unlawful entry into a building or
structure with the intent to commit a crime, 13. Conviction: A formal declaration of
usually theft. guilt by a court of law, resulting from a
Explanation: Burglary involves both trial or plea bargain.
breaking and entering, along with the intent Explanation: A conviction can lead to
to commit a crime inside. various legal consequences, including
imprisonment, fines, and probation.
9. Capital Punishment:
The death penalty, where the state executes a 14. Criminal Intent: The mental state or
person as punishment for a severe crime. mens rea required to commit a crime,
Explanation: Capital punishment is a often divided into categories like
controversial and legally regulated form of purposeful, knowing, reckless, or
punishment in some jurisdictions. negligent.
Explanation: Criminal intent refers to
10. Chain of Custody: the guilty state of mind necessary to
The documented history of the handling and establish criminal liability.
control of physical evidence in a criminal
case. 15. Defamation: The act of making false
Explanation: Maintaining a proper chain of statements that harm the reputation of an
custody is crucial to ensuring the integrity of individual or entity.
evidence presented in court. Explanation: Defamation can be a civil
or criminal offense, depending on the
11. Civil Rights: jurisdiction and the severity of the harm
The rights of individuals to be free from caused.
discrimination and to receive equal treatment
under the law.
Explanation: Civil rights include protections

www.lawandbar.comt [email protected]
 Law & Bar 2023
The Legal Terms Glossary
100 criminal law Terms

16. Double Jeopardy: 20. Extradition:

The legal principle that prohibits a person
from being tried twice for the same offense. The legal process of surrendering a
Explanation: Double jeopardy protects fugitive from one jurisdiction to another
individuals from being subjected to multiple for prosecution or punishment.
prosecutions or punishments for the same Explanation: Extradition is governed by
crime. treaties between countries or states and
involves a complex legal procedure.
17. Due Process:
The legal principle that guarantees fair 21. Felony:
treatment and legal protections to individuals A serious criminal offense typically
in all stages of the criminal justice system. punishable by imprisonment for more
Explanation: Due process ensures that than one year.
accused individuals have a right to a fair trial Explanation: Felonies are considered
and cannot be deprived of life, liberty, or more severe than misdemeanors and can
property without proper legal procedures. result in substantial prison sentences.

18. Embezzlement: 22. Habeas Corpus:

The misappropriation or theft of funds or A legal remedy that allows individuals to
property entrusted to one's care, often in an challenge their detention or imprisonment
employment or fiduciary capacity. and seek release.
Explanation: Embezzlement typically Explanation: Habeas corpus is a
involves a breach of trust and occurs when fundamental right that protects
someone in a position of responsibility individuals from unlawful detention.
diverts funds for personal use.
23. Impeachment:
19. Exculpatory Evidence: Evidence that The process of charging and removing a
tends to prove the innocence of the accused government official, such as the
and can lead to the dismissal of charges or President, from office through legislative
exoneration. proceedings.
Explanation: Exculpatory evidence can Explanation: Impeachment can lead to
include witness statements, documents, or the removal of officials for "high crimes
other information that contradicts the and misdemeanors."
prosecution's case.

www.lawandbar.comt [email protected]
 Law & Bar 2023
The Legal Terms Glossary
100 criminal law Terms

24. Inchoate Offense: authorities to obtain information or a

A crime that is incomplete or not yet carried confession.
out, such as attempted murder or conspiracy. Explanation: Interrogations must adhere
Explanation: Inchoate offenses can be to legal standards and not violate the
charged even if the actual crime was not suspect's rights, as defined by Miranda v.
successfully committed. Arizona.

25. Indictment: 29. Jury Nullification:

A formal written accusation or charge issued The concept that a jury can acquit a
by a grand jury, typically used in serious defendant, even if they believe the
criminal cases. defendant is guilty, because they disagree
Explanation: An indictment is a crucial step with the law or its application in a
in the criminal justice process and signifies particular case.
that there is sufficient evidence to proceed to Explanation: Jury nullification is a
trial. controversial and rarely discussed aspect
of the jury's role in the legal system.
26. Injunction:
A court order that requires an individual or 30. Larceny:
entity to take a specific action or refrain from The unlawful taking and carrying away of
doing something. someone else's personal property with the
Explanation: Injunctions are often used to intent to permanently deprive the owner
prevent harm or maintain the status quo in of it.
legal disputes. Explanation: Larceny is a common
property crime, often referred to as theft.
27. Insanity Defense:
A legal defense in which the accused claims 31. Miranda Rights:
they were mentally ill and unable to The constitutional rights that must be read
understand the wrongfulness of their actions to a suspect in custody before
at the time of the crime. questioning, including the right to remain
Explanation: The insanity defense seeks to silent and the right to an attorney.
establish that the accused lacked the Explanation: Miranda rights protect an
necessary mens rea to be held criminally individual's Fifth Amendment rights
responsible. against self-incrimination during police
interrogations.
28. Interrogation: The process of
questioning a suspect by law enforcement

www.lawandbar.comt [email protected]
 Law & Bar 2023
The Legal Terms Glossary
100 criminal law Terms

32. Mistrial: 36. Perjury:

A trial that is terminated and declared invalid The act of intentionally lying or making
due to an error or misconduct, often resulting false statements while under oath, often
in a new trial. during court proceedings or in sworn
Explanation: Mistrials can occur for various documents.
reasons, such as jury misconduct, Explanation: Perjury is a serious
prosecutorial misconduct, or other criminal offense that undermines the
irregularities. integrity of the legal system.

33. Misdemeanor: 37. Petit Jury:

A less serious criminal offense typically A trial jury consisting of a small group of
punishable by imprisonment for up to one individuals who are responsible for
year. determining the facts of a case and
Explanation: Misdemeanors are considered rendering a verdict.
less severe than felonies and often result in Explanation: Petit juries are typically
shorter jail sentences or fines. composed of 12 jurors in criminal trials,
though the number can vary.
34. Nolo Contendere (No Contest):
A plea in which the defendant neither admits 38. Plaintiff:
nor denies guilt but accepts punishment as if The party bringing a civil lawsuit against
they were guilty. another party, known as the defendant,
Explanation: A no contest plea is often used seeking a remedy or damages.
strategically to avoid admitting guilt in civil Explanation: Plaintiffs initiate civil
cases or when facing potential civil liability. lawsuits to seek redress for harm or
injuries they claim to have suffered.
35. Parole:
The conditional release of a prisoner from 39. Plea Bargain:
prison before the completion of their An agreement between the prosecution
sentence, subject to certain terms and and the defendant in which the defendant
supervision. agrees to plead guilty in exchange for a
Explanation: Parole is intended to facilitate reduced sentence or other concessions.
an offender's reintegration into society while Explanation: Plea bargains are common
maintaining public safety. in the criminal justice system and can
expedite the resolution of cases.

www.lawandbar.comt [email protected]
 Law & Bar 2023
The Legal Terms Glossary
100 criminal law Terms

40. Precedent: 44. Public Defender:

A legal decision or ruling in a previous case An attorney appointed by the court to
that serves as a guide or authority for represent individuals who cannot afford
resolving similar legal issues in subsequent to hire their own legal counsel.
cases. Explanation: Public defenders play a
Explanation: Precedent is a fundamental crucial role in ensuring that individuals
principle of common law systems, ensuring have access to legal representation,
consistency and predictability in legal regardless of their financial means.
outcomes.
45. Recklessness:
41. Probable Cause: A state of mind in which a person is
The standard of evidence required for law aware of a substantial and unjustifiable
enforcement to make an arrest, conduct risk but consciously disregards it.
searches, or obtain search warrants. Explanation: Recklessness is a mens rea
Explanation: Probable cause requires a requirement often used in criminal law to
reasonable belief that a crime has been establish culpability.
committed or that evidence of a crime can be
found in a particular location. 46. Recidivism:
The tendency of a convicted offender to
42. Probation: commit new offenses after being released
A sentence in which a convicted offender is from prison or completing a sentence.
allowed to serve their time in the community Explanation: Reducing recidivism is a
under supervision, rather than in prison. goal of rehabilitation and reentry
Explanation: Probation is often used for programs within the criminal justice
non-violent offenders as an alternative to system.
incarceration.
47. Restitution: A court-ordered
43. Prosecutor: A legal professional payment by the defendant to the victim to
responsible for representing the government compensate for financial losses resulting
and pursuing criminal charges against from the crime.
defendants in court. Explanation: Restitution is part of the
Explanation: Prosecutors must prove the criminal sentencing process and is
defendant's guilt beyond a reasonable doubt intended to make victims whole.
and seek justice on behalf of the state or
federal government.

www.lawandbar.comt [email protected]
 Law & Bar 2023
The Legal Terms Glossary
100 criminal law Terms

48. Search Warrant: 52. Testimony:

A court-issued document that authorizes law Oral or written evidence given by a
enforcement officers to search a specific witness under oath during legal
location and seize evidence. proceedings, such as a trial.
Explanation: Search warrants are issued Explanation: Testimony is a critical
based on probable cause and must specify the component of legal proceedings and can
location to be searched and the items to be influence the outcome of a case.
seized.
53. Voir Dire:
49. Self-Defense: The process of jury selection during
The legal right to use force, including deadly which potential jurors are questioned and
force, to protect oneself or others from screened for bias or other
imminent harm or danger. disqualifications.
Explanation: Self-defense is a recognized Explanation: Voir dire ensures that a fair
legal defense in many jurisdictions but is and impartial jury is selected for a trial.
subject to certain legal restrictions and
conditions. 54. Warrantless Search:
A search conducted by law enforcement
50. Statute of Limitations: without a search warrant, typically
A legal time limit within which criminal justified by specific legal exceptions.
charges must be filed against a defendant Explanation: Warrantless searches are
after the commission of a crime. allowed in certain circumstances, such as
Explanation: Statutes of limitations vary by when there is consent, exigent
jurisdiction and the seriousness of the crime, circumstances, or during a lawful arrest.
with some offenses having no time limit for
prosecution. 55. White-Collar Crime:
Non-violent, financially motivated crimes
51. Subpoena: typically committed by individuals in
A court-issued order that compels a person to positions of trust or authority, such as
testify in court or produce documents as embezzlement, fraud, and insider trading.
evidence. Explanation: White-collar crimes often
Explanation: Subpoenas are used to gather involve deceit, manipulation, or abuse of
evidence and compel the attendance of power for financial gain.
witnesses in legal proceedings.

www.lawandbar.comt [email protected]
 Law & Bar 2023
The Legal Terms Glossary
100 criminal law Terms

56. Youthful Offender: 60. Beyond a Preponderance of the

A legal classification for individuals who Evidence:
commit crimes while under a certain age, The standard of proof required in civil
often resulting in more lenient sentencing or cases, meaning that the evidence must
rehabilitative measures. show that it is more likely than not that
Explanation: Youthful offender status the plaintiff's claims are true.
recognizes that young individuals may be Explanation: Beyond a preponderance of
more amenable to rehabilitation than adults. the evidence is a lower standard of proof
compared to the criminal standard of
57. Acquittal: proof beyond a reasonable doubt.
A formal verdict in which the defendant is
found not guilty of the charges brought 61. Capital Offense:
against them. A crime punishable by the death penalty
Explanation: An acquittal results in the in jurisdictions that retain capital
defendant's exoneration and freedom from punishment.
further legal consequences for the same Explanation: Capital offenses are often
crime. associated with heinous crimes such as
murder in the first degree.
58. Affirmative Defense:
A legal argument presented by the defendant 62. Circumstantial Evidence:
that, if successful, negates or reduces their Evidence that does not directly prove a
criminal liability. fact but allows a judge or jury to infer
Explanation: Affirmative defenses, such as that fact from other established facts.
self-defense or insanity, require the defendant Explanation: Circumstantial evidence
to present evidence supporting their claim. can be used to build a case when direct
evidence is lacking.
59. Bail Bond:
A financial arrangement in which a 63. Class Action Lawsuit:
bondsman posts bail on behalf of the A lawsuit brought by a group of
defendant in exchange for a fee. individuals who have suffered similar
Explanation: Bail bonds allow defendants to harm or injuries caused by the same
secure their release from custody while defendant or defendants.
awaiting trial, with the bondsman assuming Explanation: Class action lawsuits are
financial responsibility if the defendant fails often used to consolidate similar claims
to appear in court. and streamline legal proceedings.

www.lawandbar.comt [email protected]
 Law & Bar 2023
The Legal Terms Glossary
100 criminal law Terms

64. Complainant: Explanation: Custodial interrogation

The person who initiates a criminal triggers the requirement to inform the
complaint or a civil lawsuit by alleging harm suspect of their Miranda rights.
or wrongdoing by another party.
Explanation: The complainant is often 69. Death Penalty:
referred to as the victim in criminal cases and The state-sanctioned execution of a
the plaintiff in civil cases. person as punishment for a serious crime,
often murder.
65. Contempt of Court: Explanation: The death penalty is a
A legal finding that an individual has highly controversial and debated form of
disobeyed or shown disrespect for the punishment in many countries.
authority or orders of a court.
Explanation: Contempt of court can result in 70. Defense Attorney:
fines, imprisonment, or other sanctions. An attorney who represents the accused
in a criminal case, advocating for their
66. Cross-Examination: legal rights and interests.
The questioning of a witness by the opposing Explanation: Defense attorneys work to
party's attorney during a trial. challenge the prosecution's case and
Explanation: Cross-examination is a key ensure a fair trial for their clients.
part of the adversarial process and is used to
challenge the credibility and testimony of 71. Discovery:
witnesses. The process by which parties in a lawsuit
exchange information, evidence, and
67. Culpable Mental State: documents before trial.
The level of mental state or intent required to Explanation: Discovery is essential for
establish criminal liability for a specific both sides to prepare their cases and
offense. avoid surprises at trial.
Explanation: Culpable mental states can
vary from intent (knowingly or purposefully) 72. Entrapment:
to recklessness or negligence, depending on A legal defense in which the defendant
the crime. argues that they were induced or coerced
by law enforcement to commit a crime
68. Custodial Interrogation: Questioning of they would not have otherwise
a suspect by law enforcement officers while committed.
they are in custody or deprived of their Explanation: requires showing that the
freedom in a significant way. government's conduct was so egregious
that it amounts to entrapment.

www.lawandbar.comt [email protected]
 Law & Bar 2023
The Legal Terms Glossary
100 criminal law Terms

73. Exigent Circumstances: 77. False Imprisonment:

Emergency situations that justify law The unlawful confinement or restraint of
enforcement officers' warrantless actions, a person against their will, often without
such as entering a home without a warrant to legal authority or justification.
prevent imminent harm or destruction of Explanation: False imprisonment is a
evidence. civil and criminal offense that violates a
Explanation: Exigent circumstances can person's freedom of movement.
provide a legal basis for exceptions to Fourth
Amendment protections against unreasonable 78. Grand Jury:
searches and seizures. A group of citizens convened to review
evidence and determine whether there is
74. Ex Parte: sufficient evidence to bring criminal
A legal proceeding or communication in charges against an individual.
which one party presents their case to the Explanation: Grand juries are typically
court without the presence of the opposing used in felony cases to initiate criminal
party. proceedings.
Explanation: Ex parte orders or motions are
typically used in urgent situations and require 79. Hate Crime:
the court's approval. A criminal offense committed against a
person or property because of the victim's
75. Ex Post Facto Law: race, religion, ethnicity, sexual
A law that retroactively criminalizes conduct orientation, gender, or other protected
that was legal when it occurred, or increases characteristics.
the punishment for an already committed Explanation: Hate crimes carry
offense. enhanced penalties to deter and punish
Explanation: Ex post facto laws are bias-motivated offenses.
prohibited by the U.S. Constitution.
80. Hearsay:
76. Expert Witness: An out-of-court statement offered for the
A qualified professional who provides truth of the matter asserted, generally
specialized knowledge, opinions, or inadmissible in court unless it falls under
testimony in court cases to assist the judge or an exception.
jury in understanding complex issues. Explanation: Hearsay is excluded
Explanation: Expert witnesses are used in because it lacks reliability and the
cases where their expertise can help clarify opportunity for cross-examination.
technical or scientific matters.

www.lawandbar.comt [email protected]
 Law & Bar 2023
The Legal Terms Glossary
100 criminal law Terms

81. Hostile Witness: 85. Indigent Defendant:

A witness who is openly antagonistic or A defendant who lacks the financial
uncooperative while testifying during a trial. means to hire an attorney and may qualify
Explanation: Hostile witnesses may be for a court-appointed lawyer.
subjected to leading questions and may offer Explanation: Indigent defendants have a
testimony that contradicts their prior constitutional right to legal
statements. representation.

82. Immunity: 86. Injunction:

Legal protection granted to a witness in A court order that requires an individual
exchange for their testimony, often to compel or entity to take a specific action or
their cooperation without fear of self- refrain from doing something.
incrimination. Explanation: Injunctions are often used
Explanation: Immunity can take the form of to prevent harm or maintain the status
transactional immunity (protection from quo in legal disputes.
prosecution for specific crimes) or use
immunity (protection from the use of their 87. Jury Duty:
testimony against them). The civic duty of serving as a juror in a
trial, where individuals are randomly
83. Inadmissible Evidence: selected and legally obligated to
Evidence that cannot be presented in court participate.
because it does not meet legal requirements Explanation: Jury duty is a fundamental
or is otherwise excluded. aspect of the justice system, ensuring that
Explanation: Inadmissible evidence is cases are decided by impartial individuals
excluded to ensure the fairness and reliability from the community.
of legal proceedings.
88. Juvenile Delinquent:
84. Incarceration: A minor (usually under 18) who commits
The act of being imprisoned or confined in a a criminal offense.
jail, prison, or correctional facility as a result Explanation: The juvenile justice system
of a criminal conviction. is designed to address the unique needs
Explanation: Incarceration is a form of and rehabilitation of juvenile offenders.
punishment and confinement used in the
criminal justice system. 89. Lien:
A legal claim or encumbrance on
property that serves as collateral for a
debt or obligation.

www.lawandbar.comt [email protected]
 Law & Bar 2023
The Legal Terms Glossary
100 criminal law Terms

Explanation: Liens can be used to secure 94. Oath:

unpaid debts, such as mortgages or unpaid A solemn promise or affirmation to tell
taxes. the truth, often administered to witnesses
in court proceedings.
90. Miranda Warning: Explanation: Taking an oath is a legal
The advisement given by law enforcement to requirement to ensure the truthfulness of
suspects in custody, informing them of their testimony.
rights to remain silent and have an attorney
present during questioning. 95. Objection:
Explanation: Miranda warnings are intended A formal protest or challenge raised by an
to protect the Fifth Amendment rights of attorney during a trial to question the
suspects during custodial interrogations. admissibility of evidence or the legality
of a proceeding.
91. Mistrial: Explanation: Objections are made to
A trial that is terminated and declared invalid preserve legal rights and ensure that the
due to an error or misconduct, often resulting trial is conducted according to the rules of
in a new trial. evidence and procedure.
Explanation: Mistrials can occur for various
reasons, such as jury misconduct, 96. Parole Board:
prosecutorial misconduct, or other A governmental body responsible for
irregularities. making decisions regarding the release of
inmates on parole and the conditions of
92. Motion: their parole.
A formal request made by a party in a legal Explanation: Parole boards evaluate an
proceeding asking the court to take a specific inmate's readiness for reintegration into
action or make a ruling. society and assess the risk of recidivism.
Explanation: Motions are used to seek
various types of relief or decisions from the 97. Peremptory Challenge:
court. The right of both the prosecution and the
defense to reject potential jurors without
93. Negligence: providing a specific reason.
The failure to exercise reasonable care or Explanation: Peremptory challenges are
take necessary precautions, resulting in harm used to remove jurors who may be
or injury to another person. perceived as biased or unfavorable to a
Explanation: party's case.
Negligence is a common basis for personal
injury lawsuits.

www.lawandbar.comt [email protected]
 Law & Bar 2023
The Legal Terms Glossary
100 criminal law Terms

98. Preponderance of the Evidence: Within these pages, we've delved into the
The standard of proof in civil cases, terminology and concepts that shape the
requiring that the evidence show that it is world of criminal law, serving as the
more likely than not that the plaintiff's foundation upon which justice is sought
claims are true. and achieved.
Explanation: Preponderance of the
evidence is a lower burden of proof than Whether you are a legal practitioner
the criminal standard of proof beyond a seeking clarity on complex concepts, a
reasonable doubt. student embarking on a legal education,
or a curious citizen eager to grasp the
99. Probable Cause Hearing: workings of the justice system, this
A court proceeding held to determine compilation aspires to empower you with
whether there is sufficient evidence to knowledge.
support a search warrant or arrest
warrant. In the pursuit of justice, understanding
Explanation: Probable cause hearings the language and concepts of the legal
ensure that law enforcement has a legal world is not merely an intellectual
basis for their actions. exercise—it is a critical step towards
ensuring fairness, accountability, and the
100. Recusal: protection of individual rights. May this
The voluntary or court-ordered glossary serve as a valuable companion
withdrawal of a judge or attorney from a on your path towards a deeper
case due to a potential conflict of interest appreciation of the principles that
or bias. underpin our legal system and a more
Explanation: Recusal is necessary to informed engagement with the world of
maintain the fairness and impartiality of criminal law.
legal proceedings.

TALK TO US
WWW.lawandbar.com
[email protected]

www.lawandbar.comt [email protected]