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. Accessory A person who assists in the commission of a crime, either before or after the fact. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Miranda rule 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. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Abstract of record A short, abbreviated form of the case as found in the record. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Subpoena An official order to appear in court (or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt of court.

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	Did You Know?
	Plea Bargaining - a process whereby the prosecutor and defense attorney negotiate Process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in a multi-count information, or for dismissal of another case.