Criminal Defense Terms and Definitions

Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Assault A willful attempt to illegally inflict injury on or threaten a person. Manslaughter A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter. Accessory A person who assists in the commission of a crime, either before or after the fact. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Dismissal without prejudice A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause. Abstract of record A short, abbreviated form of the case as found in the record. Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed.

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	Did You Know?
	Miranda rule and Miranda rights are important 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. The rights include: a. The right to remain silent and to refuse to answer any questions; b. The right to know that anything the suspect says can and will be used against the suspect in a court of law; c. The right to consult with an attorney and to have an attorney present during questioning; d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel.