Crime Victims' Rights

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Court terms

These terms apply to Missouri courts.

Acquittal:

Legal judgment, based on the decision of either a jury or a judge, that an accused is not guilty of the crime for which he or she has been charged and tried.

Adjudication:

Judicial decision that ends a criminal proceeding by a judgment of acquittal, conviction, or dismissal of the case.

Appeal:

Following a conviction, the offender may appeal the judgment to a state appellate court. The Missouri Supreme Court automatically hears death sentence cases; otherwise, the appeal is heard by the Missouri Court of Appeals.

Arraignment:

First appearance before the court by a person charged. He is advised of pending charges and the right to counsel and to a trial by jury.

Arrest warrant:

An order made on behalf of the state, based on a complaint and signed by a judge, authorizing police to arrest a person thought to have committed a crime. A person arrested on a warrant stays in jail until bail is posted or until released by order of the court. Associate Circuit Court: An accused is arraigned in the Associate Circuit Court before being bound over to the Circuit Court for further proceedings.

Bail:

Money or property promised or given to the court as security when a defendant is released before and during trial with the agreement he will return to court when ordered. The court sets the bail amount or value depending on several factors, including seriousness of charges and the likelihood that the defendant will attempt to flee prior to the required court appearances. Bail is forfeited to the court if the defendant fails to return to court.

Beyond a reasonable doubt:

Degree of proof needed for a judge or jury to convict an accused person of a crime.

Burden of proof:

In criminal cases, the state carries the burden of establishing beyond a reasonable doubt that the accused committed the offense.

Capital offense:

Commission of first-degree murder. Killing someone with deliberation is punishable by a sentence of death or life imprisonment without the possibility of probation or parole.

Charge:

Formal accusation filed by the prosecutor's office that a person has committed a specific crime. Also referred to as "pressing charges."

Circuit Court:

Court that has jurisdiction in criminal matters over all felonies.

Complaint:

Preliminary charge made by the state that a person has committed a specified offense.

Concurrent sentences:

Sentences run, or are served, at the same time.

Consecutive sentences:

Sentences run one after the other.

Continuance:

Delay or postponement of a court hearing. A case can be continued for good cause, such as illness or witness unavailability, or by agreement of the parties.

Conviction:

Court judgment based on the decision of a jury or judge that the defendant is guilty of the crime for which he was tried.

Crime:

Violation of the law.

Defendant:

Person formally charged with committing a specific crime.

Defense attorney:

Lawyer who represents the defendant.

Deposition:

Sworn testimony of a witness taken outside of court in the presence of the attorneys for the defense and prosecution. A deposition can be used at trial to impeach or discredit a witness's testimony or can be read to a jury if the witness is unavailable.

Dismissal:

Decision by a judicial officer to end a case for legal or other reasons.

Disposition:

Final decision that ends a criminal proceeding by judgment of acquittal or dismissal, or sets the sentence if the defendant has been convicted.

Felony:

Serious crime punishable by more than one year in prison.

Grand jury:

Body of persons, selected and convened upon order of a judge, to inquire into and return indictments for crimes. The grand jury has the power to request that the circuit clerk issue subpoenas to bring people to testify before it.

Habeas corpus - federal:

Proceeding where a prisoner challenges the lawfulness of his imprisonment. A writ of habeas corpus action does not determine the prisoner's guilt or innocence, but reviews the constitutionality of the imprisonment.

Hearing:

Legal proceeding in which a judicial officer or administrative body hears arguments, witnesses and evidence.

Hearsay:

Testimony based not on a witness's own knowledge, but on matters told to him by another person.

Implied consent:

If a person is granted the privilege to hold a driver's license, he has automatically given "implied consent" to submit to alcohol or drug testing. Refusing to consent results in license revocation for one year. The revocation is handled administratively through the Missouri Department of Revenue, not through a criminal court.

Indictment:

Formal charging document presented by the prosecuting attorney to a grand jury. The grand jury may then issue the indictment if it believes that the accusation, if proved, would lead to a conviction.

Information:

Formal charging document issued by a prosecuting attorney (with no grand jury involvement).

Infraction:

Violation of a statute in which the only punishment authorized is a fine and which is expressly designated as an infraction.

Jail:

Local facility where persons in lawful custody are held. Defendants awaiting trial and defendants convicted of minor crimes usually are held in jail, not prison. Any person who receives a prison term of one year or less will serve it in the county jail. Those with longer terms will go to prison.

Judicial officer or judge:

Officer of the court who determines causes between parties or renders decisions in a judicial capacity. The judge generally decides questions of law.

Misdemeanor:

Crime less serious than a felony that is usually punishable by a maximum one-year jail term, a fine, or both.

Nolle prosequi:

Voluntary dismissal of criminal charges by the state.

Parole:

Release of a prisoner from imprisonment, but not from legal custody.

Personal recognizance:

Promise of an accused person to the court that he will return to court when ordered to do so. The promise is given in exchange for release before and/or during his trial.

Plea:

Defendant's formal answer in court to the charge he is accused of committing. The four types of pleas are:

• Guilty: Admission of commission of the crime as charged.
• Not guilty: Complete denial of guilty. A trial will follow.
• Not guilty by reason of insanity: Denial of guilt because of mental disease or defect excluding responsibility. A trial will follow in which the defendant's mental fitness will be an issue. A defendant simultaneously may plead not guilty and not guilty by reason of insanity.
• Alford: Not an admission of guilt but that there is sufficient evidence establishing guilt.

Plea agreement:

Agreement between the state and defendant in which the defendant agrees to plead guilty under certain terms and conditions. Since both the state and defendant risk losing at trial, plea agreements allow a reasonable disposition to be reached without going to trial. The victim has the right to be informed of the plea agreement and to comment on the offer. The judge must approve all plea agreements.

Postconviction proceedings:

Review procedures following conviction and direct appellate review. Typically the grounds for relief are limited and different from those on appeal from a conviction.

Preliminary hearing:

Hearing for a person charged with a felony before an associate circuit judge. The state must establish there is probable cause to believe the accused committed the specific crime charged. Witnesses may be required to testify.

Presentence investigation:

Investigation usually conducted by a probation officer after a guilty plea or verdict. The judge can learn more about the defendant's criminal history and personal background before imposing a sentence. Victims of the crime also will be asked how they have been impacted.

Prison:

State facilities where persons convicted of felony offenses are held. Prisons are operated by the Department of Corrections.

Pro se:

To defend oneself. The defendant is not represented by a lawyer, has waived the right to counsel in a criminal proceeding, or is otherwise not represented in a civil proceeding.

Probable cause:

Degree of proof needed to arrest.

Probation:

Conditional freedom granted to an offender by the court after conviction or a guilty plea with requirements for the offender's behavior. Probation may be revoked if the offender violates any requirements. A probation officer usually supervises the offender.

Prosecutor:

Lawyer employed by the government to represent the public's interests in court proceedings against people accused of committing crimes.

Public defender:

Lawyer employed by a government agency to represent defendants who cannot afford private lawyers.

Restitution:

Payment made by a defendant to the victim as reimbursement for monetary losses incurred as a result of the crime. Restitution may be ordered by the court as part of a sentence.

Subpoena:

Court order requiring a person to appear in court on a specified day and time to give testimony or to produce documents or records. Failure to appear constitutes contempt of court.

Summons:

Court order used to bring a person accused of a minor crime to court.

Suspended execution of sentence:

Defendant is placed on probation without having to serve a sentence of incarceration if conditions of probation are met.

Suspended imposition of sentence:

Defendant is placed on probation without a sentence being imposed. If the conditions of probation are not met, he later may be sentenced and incarcerated.

Victim impact statement:

Statement given by a victim that details how the crime has affected him and, in noncapital cases, what sentence the victim believes would be appropriate. The statement is the only time the victim will address the judge, who imposes the sentence. The statement is given to the prosecuting attorney, who forwards it to the judge after a verdict is reached and prior to sentencing.

Voir dire:

Procedure in which the prosecutor and defense attorney question prospective jurors to pick a jury.

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