Criminal Defense Terms and Definitions

Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery) 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. Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. Admissible evidence Evidence which can legally and properly be used in court. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. 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. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Assault A willful attempt to illegally inflict injury on or threaten a person.

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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.