Criminal Defense Terms and Definitions

Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Bench warrant An order issued by the court for the arrest of a person 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. Fifth Amendment Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal (or juvenile) proceeding. Accessory A person who assists in the commission of a crime, either before or after the fact. Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed. 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. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft.

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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.