Definitions That May Assist Crime Victims

 

• Aggravating Factors  –  Factors listed in the New Jersey Criminal Code which must be considered by the court when punishing a criminal. These factors are judged with the circumstances in an analysis of the crime. That analysis determines whether the court keeps a penalty within the range allowed in the law or raises or lowers the penalty.
• Acquittal  –  A jury verdict that a criminal defendant is not guilty or the finding of a judge that the evidence is insufficient to support a conviction.
•  Appeal – A legal proceeding by which a case is brought before a higher court for review of the decision of a lower court.
• Arraignment  –  A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.
• Assistant Prosecutor  –  A lawyer employed by the county prosecutor’s office who prosecutes criminal cases for the State
• Bail  –  Security given to the court for the temporary release of a prisoner ensuring the due appearance in court of the prisoner.
• Complaint  –  A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.
• Contempt  –  Willful disobedience to or open disrespect of a court, judge, or legislative body.
• Continuance  –  An adjournment of a court case for a future date.
• Conviction  –  A judgment of guilt against a criminal defendant.
• Defendant  –  In a criminal case, the person charged with a crime.
• Dismissal  –  To put out of judicial consideration
• Dismissal without prejudice  –  Court action that allows the later filing of charges
• Dismissal with prejudice  –  Court action that prevents an identical charge from being filed later
• Due process  –  In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.
• Indictable Crime  –  A serious crime, usually punishable by at least one year in prison
• Grand jury  –  A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determines whether there is probable cause to believe an individual committed an offense and whether an indictment should be returned against a person for such a crime.
• Indictment  –  The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for indictable crimes.
• Judge  –  An official of the judicial branch with authority to decide cases brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.
• Jury  –  The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact.
• Jury instructions  –  A judge’s directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.
• Mandatory Term  –  A prison sentence of a certain amount of time which must be given any defendant convicted of a certain crime(s).
• Misdemeanor/Disorderly Persons  –  An offense punishable by one year of imprisonment or less.
• Mistrial –  An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
• Mitigating Factors  –  Factors listed in the New Jersey Criminal Code which must be considered by the court when imposing a sentence. These factors are weighed with the aggravating factors, in an analysis, in order to determine whether the court keeps a sentence at the Criminal Code’s term for the particular offense or whether it allows the court the discretion to either raise or lower that term from the presumed sentence.
• Motion  –  A request by a litigant to a judge for a decision on an issue relating to the case.
• No Bill  –  A decision made by the Grand Jury which says that there is not enough evidence to say the accused may have committed a crime.
• Parole  –  The release of a prison inmate – granted by the NJ State Parole Board – after the inmate has completed part of his or her sentence in a state prison. When the parolee is released to the community, he or she is placed under the supervision of a NJ State Parole officer.
• Parole Ineligibility  –  A period of time in prison when the inmate is not able to be considered for parole release.
• Perjury  –  False testimony given under oath.
• Petit jury (or trial jury)  –  A group of citizens who hear all the evidence presented by both sides at trial and determine the facts in dispute. Criminal juries consist of 12 persons.
• Plea  –  In a criminal case, the defendant’s statement pleading “guilty” or “not guilty” in answer to the charges.
• Plea Negotiation/Plea Bargaining  –  A process where the Assistant Prosecutor and the defendant try to reach a plea agreement in which the defendant agrees to plead guilty to a charge or charges in return for some considerations granted by the Assistant Prosecutor.
•  Probation  –  Sentencing option in the courts. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a probation officer and to abide by certain conditions.
• Prosecute  –  To charge someone with a crime. A prosecutor tries a criminal case on behalf of the state.
• Remand  –  Send charges back to the municipality for disposition.
• Restitution  –  Money ordered by the court to be given to the victim by a defendant to pay for lost wages, stolen or damaged property, or medical and counseling expenses. Restitution is ordered by the judge at sentencing.
• Restraining Order  –  A legal order issued against an individual to restrict or prohibit access or proximity to another specified individual and/or location.
• Sentence  –  A punishment given to the defendant by the judge which can include prison, probation, restitution, community service, mental health counseling, substance abuse counseling, fines or penalties, or any combination of these.
• Sentencing guidelines  –  A set of rules and principles established by the New Jersey State Legislature that trial judges use to determine the sentence for a convicted defendant.
• Standard of proof  –  Degree of proof required. In criminal cases, prosecutors must prove a defendant’s guilt beyond a reasonable doubt.
• Subpoena  –  A command, issued under a court’s authority, to a witness to appear at a certain time and place and give testimony.
• Temporary restraining order  –  A judge’s short-term order given under emergent circumstances forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.
• True Bill  –  An endorsement by the Grand Jury upon an indictment against a person(s) and/or business sustained by the evidence brought before them
• Verdict  –  The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.
• Victim  –  A person who has suffered physical or psychological injury or has incurred loss of or damage to personal or real property as a result of a crime.
• Victim Impact Statement  –  Statement by the victim about how a crime has affected his or her life. This written statement is considered by the Assistant Prosecutor and the judge in considering plea agreements and sentencing.
• Victim Survivor  –  the spouse, parent, legal guardian, grandparent, child or sibling or the decedent in the case of a criminal homicide
• Victims of Crime Compensation Office (VCCO)  –  A New Jersey state agency which reviews applications for compensation to victims for losses due to injuries or death caused by violent crimes.
• Warrant  –  Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.
• Witness  –  A person who has personal knowledge of an event and is called upon by either side in a case to give testimony as to what they saw, heard, or observed before the court or jury.