The world of criminal law uses terminology unique to the field. Attorneys, judges, and even criminals commonly use terms such as misdemeanor, plea bargain, docket, and many others that can be confusing to an outsider. Here are examples of some commonly used legal terms in criminal law:
Misdemeanor vs. Felony – a misdemeanor is a criminal offense that is less offensive than a felony and includes traffic violations, theft, or trespassing; felonies are more serious and can result in jail time; examples of felonies are murder, kidnapping, or rape
Plea bargain – defense attorneys will sometimes try to get their client’s charges reduced and will often plea bargain with the prosecution; generally, a defendant will plead guilty to a lesser charge, even if they do not believe they are guilty, if it appears that they will be found guilty of the more serious crime, thus saving themselves from harsher penalties
Case law – when high courts such as the Supreme Court make landmark decisions, these cases are established as law and become legal precedent; attorneys will sometimes use case law examples to argue their point of view in court
Indictment – the process through which someone is officially charged with a crime
Criminal code – a set of criminal laws established by the United States government; the criminal code is massive and is filed under five general categories: crimes, criminal procedure, corrections and juvenile offenders, prisons and prisoners, and immunity of witnesses
There are many Latin terms used in criminal law, including:
Corpus delicti – literally the “body of evidence” or proof that a crime has taken place; in a murder case, this can refer to the actual body of the victim
Mens rea – Latin for “guilty mind,” mens rea is the mental state of mind when the criminal act was committed
Nolo contendere – when a defendant pleads nolo contendere, they are stating “I will not contest it,” but they are not explicitly admitting guilt; some defendants plead this way to avoid civil suits stemming from a criminal conviction
Writ of certiorari – this is a petition for the Supreme Court to examine the decisions of lower courts.