GLOSSARY OF LEGAL TERMS
ACQUITTAL • This is a “not guilty” verdict, where a judge or jury decides the prosecution has not proven a criminal defendant’s guilt beyond a reasonable doubt.
AFFIDAVIT • A written document and sworn statement, that outlines the facts and circumstances that show why a suspect should be arrested.
AGGRAVATING FACTORS • Facts that increase the seriousness of the crime and may contribute to a longer prison sentence. (Opposite is Mitigating Factors)
APPEAL • The process in which an appellate court reviews the trial court’s decision or verdict. The higher courts can question the application of the law to a case and/ or determine whether the defendant received a fair trial; these courts cannot judge the facts in the case. There are many levels of higher courts, the highest being the U.S. Supreme Court, after which no more appeals may be made. Only a defendant is allowed to appeal their verdict; the DA is not allowed to appeal a verdict they don’t like.
ARGUMENTS • Both sides present their version of the facts in the case, or their “side of the story,” to the judge. They argue what law(s) they believe apply, either orally and/ or in writing. The other side can respond with a “rebuttal” which argues against what is presented.
ARRAIGNMENT • The court proceeding during which the accused person is formally told of the charges against him or her, and s/he makes a formal plea (guilty or not guilty) The accused is now called a defendant.
ASSISTANT DISTRICT ATTORNEY (ADA) • The particular lawyer handling or prosecuting your case from the District Attorney’s office.
AUTOPSY • A forensic examination of the body to determine the cause of death.
BAIL • A money guarantee set by the court to guarantee the accused person will appear in court at an appointed time, thus allowing them to be released from custody. A bail bond is a percentage of the bail amount set. Bail amounts can be reviewed and changed by judges. Bail is usually denied in homicide cases.