Criminal law can be interpreted differently depending on the jurisdiction. As such, individuals must have a good understanding of legal terms used when discussing criminal matters. To help you better understand legal terms used in criminal proceedings, here is a list of 100 common legal terminologies that are often seen in criminal cases.
- Actus Reus
Actus reus is a Latin phrase which means “a wrongful act”. It is one of the two main elements that constitute a crime, along with mens rea, or guilty mind. To be found guilty of a criminal offence, both actus reus and mens rea must be present.
- Acquittal
An acquittal is a court verdict that states an accused person is not guilty of the charges against them. An acquittal means that the criminal proceedings have been dismissed and the defendant can no longer be tried for the same offence, as they have been found innocent in a court of law.
- Adjudication
Adjudication is the process of making a decision or judgement about an issue in accordance with the law. It is commonly used when settling criminal cases in a court of law. During adjudication, a judge will consider all evidence and arguments presented by both parties and make a ruling based on legal precedent or established law.
- Alibi
An alibi is a legal defence used to prove an accused person was not present when the crime was committed. It typically involves providing evidence of being in another location during the time of the alleged offence and providing witnesses who can confirm this.
- Arraignment
An arraignment is a formal hearing during which a defendant is read their charges and asked to enter a plea. The defendant can plead guilty, not guilty, or no contest depending on the situation.
- Assault
Assault is an intentional act that causes another person to experience fear or feel threatened with violence or harm. It does not necessarily involve physical contact but may include unwanted verbal threats or gestures which are perceived as menacing.
- Bail
Bail is a sum of money paid to the court in order to secure release from police custody pending trial. It is an agreement between the defendant and the court whereby the former promises to appear at all their future court hearings or else risk forfeiting the bail money.
- Battery
Battery is similar to assault but involves physical contact. It is an intentional act which causes another person to suffer physical pain or injury.
- Burglary
Burglary is a serious criminal offence involving the illegal entry into a property with the intent of committing a crime inside. It is typically associated with stealing, but can also include vandalism or destruction of property.
- Conspiracy
Conspiracy is an agreement between two or more people to commit a crime. It does not necessarily involve carrying out the criminal act, but in certain jurisdictions may be considered a crime even if the act was never carried out.
- Contempt of Court
Contempt of court is an offence committed when a person willfully disobeys or disregards a court order. It includes behaviours such as refusing to testify when required, interfering with the proceedings, or engaging in disruptive behaviour inside the courtroom.
- Criminal Negligence
Criminal negligence is an act which shows disregard for the safety of others and results in death or injury. It is typically seen in cases involving the operation of a motor vehicle while under the influence of alcohol or drugs.
- Defamation
Defamation is an act which damages another person’s reputation, either through spoken words or written publications. It includes making false statements about a person which are likely to harm their reputation or standing in society.
- Deposition
A deposition is a sworn statement made by a witness under oath. It is typically used to gather evidence in criminal cases and involves the witness providing detailed accounts of events they observed or experienced.
- Disorderly Conduct
Disorderly conduct is an offence which refers to behaviour which disturbs the peace, causes public nuisance, or endangers the safety of others. It includes behaviours such as public intoxication, fighting in a public place, or loud and disruptive behaviour.
- Extortion
Extortion is an act which involves obtaining money or property from another person through threats or violence. It is typically carried out by criminals with the intent of making a profit for themselves.
- False Imprisonment
False imprisonment is an offence which involves restraining someone against their will without any legal authority to do so. It typically involves locking a person in a confined space or preventing them from leaving by force or threat of violence.
- Felony
A felony is a serious criminal offence for which the offender may face imprisonment for a year or more. It is typically associated with violent crimes such as murder, rape and arson.
- Forgery
Forgery is an act which involves making false documents with the intent of deceiving someone else. It can include altering existing documents to make them appear genuine or creating completely new documents using forged signatures or stamps.
- Fraud
Fraud is an act which involves obtaining goods or services through deceit or dishonesty. It typically involves making false representations or omitting important information in order to take advantage of someone else’s trust.
- Habeas Corpus
Habeas corpus is a legal action used to require a prisoner be brought before a court and their detention be justified or else the prisoner must be released. It is typically used to challenge unlawful or arbitrary detention.
- Harassment
Harassment is an offence which involves behaviours such as stalking, phone calls, online messages, or physical contact intended to threaten or intimidate another person. It can range from minor incidents to more serious forms of intimidation such as physical attacks.
- Indictment
An indictment is a formal accusation by a grand jury that an individual or group has committed a crime. It is typically used in cases involving serious offences and is usually the first step before a criminal trial begins.
- Injunction
An injunction is a court order which prohibits someone from doing something or requires them to do something. It is typically used to prevent a person from engaging in activities deemed by the court as harmful to others.
- Intoxication Manslaughter
Intoxication manslaughter is an offence committed when a person drives while under the influence of alcohol or drugs and causes the death of another person as a result. It is typically considered to be a serious criminal offence.
- Larceny
Larceny is an act which involves stealing someone else’s property without their permission or knowledge. It typically includes taking money or goods of value from another person with the intent of permanently depriving them of it.
- Manslaughter
Manslaughter is an offence which involves the unlawful killing of another person without malice or intent to cause death. It is typically seen in cases involving accidents and negligence.
- Obstruction of Justice
Obstruction of justice is a crime committed when someone attempts to interfere with the course of justice, usually by tampering with evidence or influencing witnesses. It is typically considered to be a serious offence.
- Perjury
Perjury is an offence committed when someone deliberately makes false statements under oath in a court of law. It often involves making false statements which are intended to benefit the accused or harm another party during legal proceedings.
- Possession of Drugs
Possession of drugs is an offence which involves the illegal possession or control of a prohibited substance. It is typically seen in cases involving the possession of narcotics such as cocaine, heroin and marijuana.
- Possession of Firearms
Possession of firearms is an offence which involves the possession, ownership, or use of a firearm without having the appropriate licence or permission. It is typically seen in cases involving the illegal trafficking of firearms or weapons.
- Probation
Probation is a court-ordered period of supervision which allows an offender to remain in the community instead of going to jail following their conviction for a criminal offence. It usually involves the offender agreeing to abide by certain conditions such as attending counseling or drug tests.
- Public Disturbance
Public disturbance is an offence which involves disturbing the public peace, typically by engaging in loud and disorderly behaviour. It can include behaviours such as fighting, shouting obscenities, or causing a nuisance in a public place.
- Robbery
Robbery is an offence which involves taking something from another person by force or threat of violence. It is typically seen in cases involving the theft of money, jewellery, or other valuable items from a person by force or intimidation.
- Sex Crimes
Sex crimes are offences which involve sexual acts committed without the consent of both parties involved in them. They can include rape, sexual assault, and other forms of non-consensual sex acts.
- Tax Evasion
Tax evasion is an offence which involves illegally avoiding taxes by failing to pay them or understating the amount of income earned. It is typically seen in cases involving individuals or businesses that attempt to avoid paying the full amount of taxes owed to the government.
- Trespassing
Trespassing is an offence which involves entering or remaining on someone else’s property without permission. It typically applies to both private and public properties such as land, buildings, and vehicles.
- Vandalism
Vandalism is an offence which involves damaging or destroying someone else’s property without permission. It typically includes activities such as graffiti, malicious destruction of property, and other forms of intentional damage to property.
- Violation of Probation
Violation of probation is an offence which involves failing to comply with the terms and conditions of a court-ordered period of supervision. It typically involves the offender breaking one or more conditions of their probation such as failing to attend meetings with a probation officer.
- White Collar Crime
White collar crime is an offence which involves the use of fraud, deception, and other dishonest practices in order to gain financial profit. It typically involves activities such as embezzlement, money laundering, and insider trading.
- Witness Tampering
Witness tampering is an offence which involves attempting to influence or intimidate a witness in order to prevent them from providing truthful testimony during legal proceedings. It can involve activities such as threats, bribes, and other forms of coercion.
- Fraud
Fraud is an offence which involves using deception or false statements in order to gain money or other property from another person. It typically involves activities such as identity theft, forgery, and counterfeiting.
- Bribery
Bribery is an offence which involves offering or accepting something of value in exchange for a favour or advantage. It typically involves providing someone with money or goods of value in exchange for their influence or assistance.
- Abuse of Trust
Abuse of trust is an offence which involves taking advantage of a position of trust in order to gain money or other property from another person. It typically involves activities such as embezzlement, misappropriation of funds, and theft.
- Money Laundering
Money laundering is an offence which involves concealing the proceeds of illegal activities in order to avoid detection by law enforcement. It typically involves activities such as transferring money from one bank account to another, or purchasing goods with illegally obtained funds.
- Kidnapping
Kidnapping is an offence which involves taking someone against their will and holding them captive for ransom or other purposes. It typically involves the use of force, threats, deception, or coercion in order to abduct a person and keep them away from safety.
- Obtaining Property by False Pretenses
Obtaining property by false pretenses is an offence which involves obtaining money or goods from another person by making false statements or representations about facts. It typically involves activities such as lying about one’s identity, income, or assets in order to gain money or goods.
- Organized Crime
Organized crime is an offence which involves the participation of three or more people in a criminal enterprise for the purpose of obtaining material benefit. It typically involves activities such as drug trafficking, prostitution rings, and extortion.
- Sedition
Sedition is an offence which involves the incitement of violence or rebellion against the government or other authority figure. It typically involves activities such as violent protests, sabotage, and demonstrations intended to overthrow a government or disrupt its operations.
- Smuggling
Smuggling is an offence which involves the illegal transport of goods or persons across national boundaries. It typically involves activities such as the transportation of contraband items, weapons, drugs, and people in an effort to avoid taxes and customs regulations.
These are just some of the common legal terminologies used in criminal law. Knowing all the terms is essential for anyone who works with or studies criminal law in order to ensure they are up to date on the latest legal developments.
Additionally, having a stronger understanding of the nuances between each term can help them to better navigate legal proceedings and provide better advice and guidance to their clients or students. With this knowledge in hand, anyone working with criminal law will be able to more easily interpret the meaning of each term and make better decisions when dealing with the law.