Criminal Defense Terms and Definitions

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. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Assault A willful attempt to illegally inflict injury on or threaten a person. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Felony A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree Admissible evidence Evidence which can legally and properly be used in court. Abstract of record A short, abbreviated form of the case as found in the record. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Fourteenth Amendment Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process.

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	Did You Know?
	There are 3 basic types with standard of proof There are essentially three standards of proof applicable in most court proceedings. In criminal and delinquency cases, the offense must be proven beyond a reasonable doubt, the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere preponderance of the evidence (more likely than not). In some civil cases, and in juvenile proceedings such a permanent termination of parental rights, an intermediate standard applies: proof by clear and convincing evidence.