It's nothing new that our criminal justice system is a confusing one. So let's clear some things up with some vocabulary you might not quite know the definitions of (All of these are referenced to in my speech).
Adjudicatory Hearing: The actual trial for juvenile cases. During this, the judge determines whether or not facts stated in a petition/warrant are true, and may temporarily a case in order to give the defendant enough time to obtain a lawyer in order to have a fair trial. In delinquency cases, all charges must be proven beyond a reasonable doubt in order for the trial to continue. In adult or criminal cases, the same process is usually followed (felonies are different).
Clemency: If a prisoner is granted clemency, it usually means they will be granted "mercy" in order to get out of prison early because of some other circumstance. For instance, if an inmate has served 15 years of a 18 year sentence, and their mother is dying of cancer, a judge may grant him "clemency" so he or she can spend time with their mother. This is, at its most basic, a reduction of penalties.
Hearsay: Testimony of an individual that is not from their personal knowledge, but from what they have heard someone else say. Ie: "I heard from Bobby that he saw John stole the copper wire, but I personally did not see John steal it."
Nullification: This, on a state level, is the idea that states can/will refuse to enforce unconstitutional federal laws. For instance, if a federal law said that gay marriage is illegal, and a state finds this unconstitutional, they can refuse to enforce the law within their state.
Recusal: An action taken by any court official, such as a judge, which disqualifies or withdraws him/herself from a case where they may be biased. For instance, a judge has the right to recuse himself from a case where the defendant is accused a rape, if the judge's daughter was a victim of rape because he may be biased in his final decision.
Restitution: A court order requiring a convicted offender to repay the victim money or services in order to compensate for monetary losses that resulted from the crime, as part of their sentencing.
Trial De Novo: This is a request for a new trial. This means that an individual is dissatisfied with the court's decision. However, the courts have all rights to deny the request if their specific policies are not followed. Click HERE to see a complete listing of rules are Indiana's rules of Trial De Novo.
Writ of Habeas Corpus: This is a mandate used to bring a prisoner, or detainee, before the court in order to determine if the person's imprisonment or detention is lawful.
To see other vocabulary terms, or get more information, check any of the wonderful sites down below. Partnership for Safety and Justice is a great resource for criminal justice terms, and has a long list of vocabulary terms and definitions at the website listed below for those who are curious about other criminal justice ideas. Happy education, all! As always, comments welcome below.
Information From:
Clear Up MY RECORD
Cornell University Law School
Indiana Rules of Court
Nullification - The Rightful Remedy
Partnership for Safety and Justice - Glossary of Terms
Prince William County, Virginia
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