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(used in the website)
Acquittal
A final judgment by a judge or jury that the
prosecution has not proven a criminal defendant's guilt beyond a reasonable doubt. This is
not a guilty verdict.
Adjudication
The decision (decree or judgment) by the court concerning the defendant(s)
involved in the case.
Allocution
The right a victim has to make a statement (written or spoken) at felony sentencing
hearings and parole hearings.
Arraignment
The initial court proceeding during a criminal prosecution. The defendant is
advised of the allegations and his or her rights. A plea is then requested. If, at the
conclusion of a preliminary hearing, a defendant is ordered to trial, he/she will be
arraigned again in superior court.
Bail
The deposit - money, property, or bond - that is put up by, or on behalf of, an
arrested person to secure his or her release from jail before or after court proceedings
begin. The state Constitution declares all arrested persons, other than those charged with
a death penalty offense, are entitled to bail.
Complaint
A written accusation filed by a prosecutor in a justice or municipal court that
accuses one or more persons of committing one or more crimes.
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Continuance
A delay of court proceedings.
Disposition
A final disposition is a legal action which takes place following an adult or
juvenile felony arrest. Examples are dismissal, acquittal, or conviction. Examples of
intermediate dispositions are suspended proceedings or the placement of a defendant in one
or more programs.
Discovery
A pretrial procedure in which the prosecuting or defense attorney receives evidence
in the possession of the other, including witness statements, police reports, scientific
examinations, etc. Discovery permits the attorneys to prepare their cases and helps to
ensure a fair trial.
Dismissal
A decision by a judge to end the prosecution of a case without deciding whether the
defendant is guilty or not guilty.
Diversion
Enhancement
Additional confinement time added to the base prison term, based on specific
circumstances such as use of a gun or knife when committing a crime.
Felony
A crime which may be punishable by imprisonment in a state prison and/or a fine, or
death. Probation, with or without county jail time, may also a possible disposition.
Good Cause
Holding Order
A decision by a judge ordering one or more persons to stand trial after a preliminary hearing. A holding order is based on findings
that one or more crimes have been committed and that there is sufficient cause to believe
that one or more persons identified at the preliminary hearing committed the crime(s).
Indeterminate sentence
Sentences that are not fixed and may be imposed for severe felony crimes, such as
murder. Examples of these sentences are fifteen to life or twenty-five to life.
Actual release dates are set
by the Board of Prison Terms after a parole hearing.
Indictment
A written accusation returned by a grand jury and filed in superior court.
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Misdemeanor
A crime punishable by imprisonment in the county jail for not more than one year,
or by fine, or both.
Mitigating circumstances
Factors that a judge may consider in reducing the penalty for committing a crime.
Own recognizance
(OR)
The release, without bail, of a criminal defendant who promises a judge to appear at future court proceedings. In certain cases, the judge has statutory
discretion to release the defendant without posting bail. Failure by a defendant to later
appear in such a case is a crime.
Parole
The formal supervision of a convicted offender by a state parole agent when the
offender is released from a state correctional institution into the community.
Plea
The response by a defendant to formal change(s) in court. Such pleas include
guilty, not guilty, nolo contendere (no contest) or not guilty by reason of insanity.
Plea Bargain
A plea bargain usually involves a plea by a criminal defendant of guilty or nolo
contendere (no contest) to a lesser offense or to only one of several charged
offenses in return for an agreed-upon disposition.
Probation
A status judicially imposed on a criminal defendant who agrees to be supervised,
usually formally, by a county probation department under specified conditions. Conditions
of probation may include county jail, a fine, restitution to the victim, community work,
or counseling.
Restitution
Fine
A fine that a
convicted perpetrator must pay to the State as part of sentencing.
Restitution
Order
Compensation to a crime victim by a criminal defendant for financial losses or
personal injuries cause by the crime, sometimes called "victim's
restitution" or direct restitution. Every victim who suffers economic loss
as a result of criminal activity is entitled to restitution upon sentencing of a
defendant.
Right
to be Heard by the Judge
Crime victims have the right to
independently participate in certain stages of the criminal process such as plea
bargaining or sentencing by providing the Judge or Jury with information
regarding the victim's distinct interest, knowledge and opinions.
Right
to Information
This right mandates that
the government provide crime victims the information they need as they navigate
the criminal justice process.
Right
to Notice
Crime victims cannot exercise their
rights unless they are notified in advance of specific events during the
criminal proceeding in which their rights and interests will be
implicated. This right entitles victims to such notice.
Right
to be Present During Criminal Proceedings
Crime victims have the right to sit in
the courtroom and observe firsthand, what is happening in the criminal case
against the defendant(s).
Right
to be Treated Fairly
The California Penal code ensures that
all victims and witnesses of crimes are treated with dignity, respect, courtesy
and sensitivity. Penal
Code 679
Right
to Privacy
The right to privacy is the right of
crime victims to be free from unwarranted intrusion by the government.
Some information is considered absolutely protected, and a court cannot order
its disclosure. For other information, the court will balance the needs of
crime victims, the state, and the defendant in deciding whether this information
must be disclosed.
Right
to Prompt Disposition
The repeated rescheduling of court
proceedings takes a severe emotional and financial toll on many crime
victims. This right ensures that courts must take into account the needs
of crime victims before granting continuances in a criminal case. Penal
Code 679.02
Right
to Protection
Crime victims have a right to be
reasonably protected by the government during a criminal case. Penal
Code 136.2
Right
to Restitution
In California, crime
victims have the right to receive financial compensation from the offender for
any economic loss to a victim. The judge must order restitution in every
case where economic loss is shown.
UDSL
The Uniform Determinate Sentencing Laws established fixed terms for crimes
and removed the element of judicial discretion from sentencing proceedings.
Victim
Impact Statement
In felony cases, the probation department
is required to compile a presentence report for the judge to use to impose
sentence. This report usually includes a victim impact statement, which is
prepared by the probation officer after speaking with the victim and includes
the victim's view of the effects of the crime on the victim and the victim's
family.
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