Victim Assistance (Law Enforcement and Judicial System Information)

Criminal Justice System Terminology3

Burden, of Proof: A requirement to present evidence that will convince the judge or jury of the truth or validity of a charge or allegation. The Burden usually falls on the Prosecution [or Plaintiff]. The law may require a party to establish a fact by a “Preponderance of the Evidence” or by “Clear and Convincing Evidence,” or it may require “Proof Beyond a Reasonable Doubt.”

Capital Crime: Definitive term for a crime for which the punishment may be death.

Civil Rights: Those Rights due from one individual citizen to another, deprivation of which is a civil injury for which redress may be sought in a civil suit.

Civil Suit: A legal proceeding by one party against another to enforce a right, to protect property, or to redress or prevent an injury. Judgment for the Plaintiff requires that the defendant perform an act or pay money in damages rather than be imprisoned as in a criminal case.

Class Action: A lawsuit filed by a Plaintiff on behalf of everyone in the same situation or class to redress an injury by a defendant. If the Plaintiff wins, everyone in the “Class” benefits by the judgment. A Plaintiff may also file suit against one named defendant and the Class he or she represents, so that if the Plaintiff wins, he or she may collect from the named defendant and all others in the defendant’s Class.

Complaint: 1. The first legal paper filed by a Plaintiff in a civil suit that describes the actions of which complained. It must state a cause of action or it is subject to demur [objection]. 2. The document filed by a law enforcement officer or a citizen describing a crime and the person suspected of committing it,

Conspiracy: An agreement plus an overt act between two or more people to commit a crime.

Defendant: One against whom a cause of action or a charge is brought.

Deposition: A written testimony of a witness under oath before trial after giving notice to the opposing party so that he or she [and/or personal attorney] may attend, enter objections, and cross- examine. 3 Johnson, Ricky, Director - South Carolina Criminal Justice Academy, Jail Officer Training Manual, Chapter 3 ... Litigation Procedure, pages 23-24. Richard L. Robinson 6

Diversion: Finding alternatives to formal action in the criminal justice system.

Felony: A serious crime that is punishable by incarceration in a State or Federal prison facility [usually for more than 1 year], and or a fine.

Grand Jury: A jury selected to examine the validity of an accusation prior to trial.

Indemnify: To secure [a person] against legal responsibility for actions.

Indictment: A written accusation issued by a Grand Jury to a court, charging a named individual with a crime. The accused is said to be “indicted”. The Grand Jury-holds hearings at which the Prosecutor presents evidence against a suspect. If the Grand Jurors decide that the Prosecutor has sufficient evidence to warrant a trial, an indictment is issued.

Litigation: A contest in court; a lawsuit.

Miranda Warnings: A criminal defendant’s constitutionally protected rights to remain silent, to have the presence of an attorney before and during any questioning, and for an attorney to be appointed if the defendant is indigent [unable to pay for the services of a personal attorney].

Misdemeanor: A minor criminal charge punishable by incarceration in a city or county detention facility, rather than being incarcerated in a prison, for less than 1 year, and/or a fine.

Plaintiff: A person who files a lawsuit against another.

Probable Cause: Facts that would lead a reasonably intelligent and prudent per