criminallaw.wikiThe sourced reference on US criminal law

Criminal law glossary

From criminallaw.wiki, the sourced reference on US criminal law

Definitions of legal terms used on criminallaw.wiki. Each definition is sourced and links to the entry where the term is explained.

A · B · C · D · E · F · G · H · I · J · L · M · N · P · R · S · T · U · V · W

A

Accomplice
A person who aids, counsels, commands, or encourages a perpetrator and can, in some jurisdictions, be prosecuted independently of that perpetrator[1]. See Crimes and offenses.
Actual possession
Possession involving immediate physical contact with an item, such as having it on one's person[2]. See Drug crimes.
Actus reus
The voluntary act or omission that makes up the physical element of a crime[3]. See Criminal law basics.
Affirmative defense
A defense in which the defendant introduces evidence that can negate liability even if the alleged acts are proven[4]. See Criminal defenses.
Aggravated battery
A form of battery involving factors such as use of a deadly weapon or causing serious bodily harm, carrying harsher penalties than ordinary battery[5]. See Violent crimes.
Aggravated sexual abuse
A federal offense under 18 U.S.C. § 2241 covering sexual acts committed by force, threat, incapacitation, or involving children, within federal jurisdiction[6]. See Sex offenses.
Alford plea
A formal guilty plea entered while the defendant simultaneously asserts innocence[7]. See Arraignment.
Appeal
A request to a higher court to review specific legal errors from a trial, which can result in a reversed conviction, an altered sentence, or a new trial[8]. See The criminal process step by step.
Arraignment
The first step in a criminal proceeding where the defendant is brought before the court to hear the charges and enter a plea[9]. See Charged with a crime? Start here.
Arrest
The use of legal authority to deprive a person of their freedom of movement[10]. See Arrest.
Assault
An intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact[11]. See Assault and battery.
Authentication feature
Any hologram, watermark, certification, symbol, code, image, or similar feature used by an issuing authority on an identification document to determine if it is counterfeit, altered, or falsified[12]. See Cybercrimes.

B

Bail
Money a defendant pays as a guarantee that they will return to court at a later date[13]. See Charged with a crime? Start here.
Battery
The intentional infliction of harmful or offensive physical contact with another person without consent[5]. See Assault and battery.
Bench trial
A trial in which the judge, rather than a jury, decides issues of both fact and law[14]. See The criminal trial.
Beyond a reasonable doubt
The legal burden of proof required for a criminal conviction, requiring evidence that leaves jurors firmly convinced of the defendant's guilt[15]. See Criminal law vs civil law.
Blood alcohol content (BAC)
The amount of alcohol in a person's blood, expressed as weight of alcohol per unit volume of blood, such as 0.08% BAC meaning 80 mg of alcohol per 100 ml of blood[16]. See DUI and DWI.
Breach of the peace
A term related to disorderly conduct, listed among the concepts connected to public disturbance offenses[17]. See Public order crimes.
Burglary
Illegally entering a building or structure with the intent to commit a crime inside[18]. See Property crimes.

C

Capital offense
An offense punishable by death, which under federal law may be indicted at any time without a limitation period[19]. See Criminal statute of limitations.
Civil disorder
A disturbance addressed by federal law that can obstruct, delay, or adversely affect commerce or a federally protected function[20]. See Public order crimes.
Civil law
A branch of law that regulates non-criminal legal relationships between individuals, covering areas such as contracts, torts, family law, property, and trusts[21]. See Criminal law vs civil law.
CJA panel attorney
A private attorney appointed by a federal court to represent indigent defendants in criminal cases and paid at a statutory hourly rate[22]. See Public defenders.
Community defender organization
A non-profit defense counsel organization incorporated under state law that receives federal judiciary grants to provide representation when designated in a district's CJA plan[22]. See Public defenders.
Conditional plea
A guilty or nolo contendere plea entered with the court's and government's consent that reserves, in writing, the right to appeal a specified pretrial ruling[23]. See Plea bargaining.
Constructive possession
Possession based on knowledge of an item and the ability to control it even without physical contact[2]. See Drug crimes.
Controlled substance
A drug, substance, or immediate precursor defined under the Uniform Controlled Substances Act and regulated by schedule[24]. See Drug crimes.
Crime of violence
For purposes of the federal firearm-penalty statute, a felony offense that has as an element the use, attempted use, or threatened use of physical force against a person or property[25]. See Weapons offenses.
Criminal Justice Act (CJA)
The 1964 federal law establishing a comprehensive system for appointing and compensating lawyers for defendants financially unable to retain counsel in federal criminal proceedings[22]. See Public defenders.
Criminal law
A system of laws concerned with crimes and the punishment of individuals who commit them[1]. See Criminal law vs civil law.
Cruel and unusual punishment
An excessive penalty disproportionate to the crime, deliberate infliction of pain as retribution, or conditions violating basic human rights standards[26]. See Eighth Amendment: bail, fines and punishment.
Custodial interrogation
Questioning by police of a person who is in custody, which is the circumstance that triggers the Miranda warning requirement[27]. See Miranda rights.

D

Destructive device
A category of firearm under federal law that, along with machineguns or firearms equipped with a silencer or muffler, triggers the highest mandatory minimum sentences when used in connection with a crime of violence or drug trafficking crime[25]. See Weapons offenses.
Discovery
The ongoing process by which prosecutors must provide the defense with evidence and materials they intend to use at trial, including evidence that could help the defendant[28]. See The criminal process step by step.
Disorderly conduct
Conduct that disturbs the peace, morals, or safety of the general public or of a class of people, often graded as a misdemeanor[17]. See Public order crimes.
Double jeopardy
A constitutional prohibition on trying a person twice for the same offense in federal court after an acquittal[29]. See Federal crimes.
Drug trafficking
The illegal transporting or transacting of controlled substances[30]. See Drug crimes.
Due process
A constitutional guarantee that the government must act within the law and provide fair procedures before depriving a person of life, liberty, or property[31]. See Constitutional rights of the accused.
Due process (juvenile proceedings)
The constitutional protection under the Fourteenth Amendment that the Supreme Court held applies to juveniles facing delinquency proceedings in In re Gault[32]. See Juvenile justice.
Due Process Clause
A provision of the Fourteenth Amendment that the Betts v. Brady Court treated as a flexible standard, tested by the totality of facts in a given case[33]. See Gideon v. Wainwright (1963).
Duress
A defense where unlawful threats or coercion compel a person to commit an act they would not otherwise commit, requiring a reasonable threat of imminent death or serious bodily injury[34]. See Criminal defenses.

E

Embezzlement
The fraudulent taking of property, often money, by someone to whom it was entrusted[35]. See Property crimes.
Excessive bail
Bail set at a figure higher than an amount reasonably calculated to assure a defendant's appearance, which is prohibited under the Eighth Amendment[36][37]. See Bail and pretrial release.
Exclusionary rule
A court-created rule that prevents the government from using most evidence gathered in violation of the Constitution, including evidence obtained through an unreasonable search or seizure[38]. See Fourth Amendment: searches and seizures.
Exigent circumstances
Urgent conditions, such as risk of escape or loss of evidence, that can justify a warrantless arrest when combined with probable cause[10]. See Arrest.
Expunge
To destroy, obliterate, or strike out records or information about a criminal case from files, computers, and other depositories[39]. See Expungement and record sealing.

F

Factual basis
The requirement that a court find facts supporting guilt before entering judgment on a guilty plea[23]. See Plea bargaining.
Federal First Offender Act
The provision at 18 U.S.C. § 3607 allowing certain first-time misdemeanor drug possession defendants to avoid a conviction through probation and, in limited circumstances, obtain expungement[40]. See Expungement and record sealing.
Federal Sentencing Guidelines
Advisory recommendations developed by the United States Sentencing Commission to promote uniformity and proportionality in federal sentencing[41]. See Criminal sentencing.
Felony
A serious offense that can be classified by letter grade based on the maximum term of imprisonment authorized, up to life imprisonment or death[42]. See Criminal law basics.
Felony murder
A type of homicide in which a person dies while the defendant is committing a violent felony, even if the defendant did not directly cause the death[43]. See Violent crimes.
Felony murder rule
A rule allowing a person to be charged with murder when a death results from the commission of certain violent felonies, even without intent to kill[44]. See Murder.
Firearm
A weapon readily capable of expelling a projectile, such as a bullet, through an explosive mechanism, a category that under federal law includes guns, frames, receivers, silencers, mufflers, and destructive devices[45]. See Weapons offenses.
Forfeiture
A process in which property is seized, such as during a drug raid, and which can raise excessive fines issues under the Eighth Amendment[37]. See Eighth Amendment: bail, fines and punishment.
Fruit of the poisonous tree
A doctrine under which evidence derived from an initial Fourth Amendment violation is also excluded, subject to certain exceptions[38]. See Fourth Amendment: searches and seizures.

G

Good-faith exception
An exception to the exclusionary rule allowing evidence to be admitted when officers reasonably relied on a search warrant that is later found to be invalid[38]. See Mapp v. Ohio (1961).
Grand jury
A group of citizens, typically 16 to 23 members, who review evidence presented by a federal prosecutor and vote in secret on whether to issue an indictment[46]. See Federal crimes.
Grand theft
Theft elevated to a more serious charge because the value of the stolen goods, or the type of property, exceeds a statutory threshold[47]. See Property crimes.

H

Habeas corpus
A petition Gideon filed in the Florida Supreme Court attacking his conviction on the ground that denial of appointed counsel violated his constitutional rights[33]. See Gideon v. Wainwright (1963).
Homicide
A death caused by one person's action or inaction, which may or may not be a crime depending on the circumstances[43]. See Violent crimes.

I

A legal principle under which obtaining a driver's license is treated as agreement to chemical testing of breath, blood, or urine if an officer suspects impairment[48]. See DUI and DWI.
Incorporation
The process by which the Supreme Court has applied most Bill of Rights protections to state governments through the Fourteenth Amendment's Due Process Clause[31]. See Constitutional rights of the accused.
Indictment
A formal charging document that gives a person notice that they are believed to have committed a crime, issued when a grand jury votes to charge[46]. See Federal crimes.
Indigent defendant
A defendant who lacks the funds to hire a private lawyer, as Gideon stated when asking the trial court to appoint counsel for him[33]. See Gideon v. Wainwright (1963).
Ineffective assistance of counsel
A claim that a defense lawyer's deficient performance prejudiced the outcome of a case, evaluated under the two-part test from Strickland v. Washington[49]. See Sixth Amendment rights.
Infraction
A minor offense, such as speeding, that is part of the criminal justice system but carries only a small penalty like a fine and no incarceration[50]. See Felony vs misdemeanor vs infraction.
Initial appearance
The court proceeding at which an arrested defendant is brought before a judge without unnecessary delay and informed of key rights[51]. See Arrest.
Initial hearing
A proceeding before a magistrate judge, shortly after arrest, where rights and charges are explained, counsel is arranged, and pretrial custody or release is decided[52]. See Arraignment.
Insanity defense
An affirmative defense in which a defendant admits the act but claims lack of culpability due to mental illness, often judged by whether they knew the nature or wrongfulness of the act[53]. See Criminal defenses.
Involuntary manslaughter
A negligent killing of another person, or a killing during an unlawful act not amounting to a felony[54]. See Murder.

J

Jury
A group of people empowered to make findings of fact and render a verdict at trial[14]. See The criminal trial.
Jury nullification
A situation in which a jury is suspected of purposefully rejecting the judge's instructions or the evidence presented, which does not permit a verdict to be overturned absent fraud[14]. See The criminal trial.
Justifiable homicide
A killing, such as one in self-defense, that is not treated as a criminal charge because the person is not held criminally responsible[43]. See Murder.
Juvenile delinquency
Under federal law, the violation of a U.S. law committed by a person before their eighteenth birthday that would have been a crime if committed by an adult[55]. See Juvenile justice.

L

Larceny
The illegal taking of another's property with intent to deprive the owner of it, a common-law crime often requiring a minimum property value[56]. See Property crimes.

M

Mail fraud
A federal offense involving use of the Postal Service or a private interstate carrier to carry out a scheme to defraud[57]. See White-collar crimes.
Malice aforethought
A common law term describing the mental state required for murder, encompassing intent to kill, intent to cause grievous bodily harm, felony murder, and depraved heart murder[58]. See Violent crimes.
Mandatory minimum
A statutorily imposed minimum punishment for a crime that a judge cannot sentence below once it applies[59]. See Criminal sentencing.
Means of identification
Information or documents related to a person's identity that are protected under the federal identification-document fraud statute when used without lawful authority[12]. See Cybercrimes.
Mens rea
The guilty mental state a defendant must have had at the time of the criminal act[60]. See Criminal law basics.
Miranda rule
The constitutional requirement that police give a warning describing certain rights before a custodial interrogation[27]. See Charged with a crime? Start here.
Miranda warning
A notice given before custodial interrogation describing the right to remain silent and the right to an attorney, retained or appointed[27]. See Arrest.
Misdemeanor
A less serious offense typically punishable by less than twelve months in jail[61]. See Criminal law basics.
Model Penal Code
A model criminal code drafted by the American Law Institute in 1962 that influenced many states' criminal law reforms[62]. See Criminal law basics.
Model Penal Code (MPC)
A model criminal code assembled by the American Law Institute in 1962 that many state criminal codes are based on today[62]. See What is criminal law?.
Money laundering
A financial transaction scheme aimed at concealing the identity, source, and destination of illicitly obtained money[63]. See White-collar crimes.

N

Necessity defense
A justification defense claiming that illegal conduct was the necessary lesser of two evils to prevent a more serious harm[64]. See Criminal defenses.
Nolo contendere
A plea in which the defendant does not accept or deny responsibility for the charges but waives trial and accepts the penalty[65]. See Arraignment.

P

Parens patriae
A doctrine authorizing the state to legislate for the protection, care, custody, and maintenance of children within its jurisdiction[66]. See Juvenile justice.
Per se law
A law making it a crime to drive with a BAC at or above a specified threshold, regardless of other evidence of impairment[16]. See DUI and DWI.
Peremptory challenge
A tool allowing a party to exclude a prospective juror without stating a reason, though not on the basis of race, sex, or ethnicity[14]. See The criminal trial.
Personal recognizance
Release of a defendant based on their promise to appear in court, without a secured financial bond, as provided under federal release procedures[67]. See Bail and pretrial release.
Petition
A formal request filed with the court that handled the original case to begin the expungement process[39]. See Expungement and record sealing.
Petty offense
Under federal law, a Class B misdemeanor, Class C misdemeanor, or infraction for which the maximum fine does not exceed a specified amount[68]. See Felony vs misdemeanor vs infraction.
Plea bargain
An agreement between a defendant and prosecutor in which the defendant pleads guilty in exchange for concessions such as reduced charges or a sentencing recommendation[69]. See Plea bargaining.
Preponderance of the evidence
The burden of proof used in a civil trial, met when the evidence shows a claim is more likely than not true[70]. See Criminal law vs civil law.
Presentence report
A report prepared by a probation officer before federal sentencing that calculates the guideline range and describes the defendant's history and other sentencing-relevant information[71]. See Criminal sentencing.
Pretrial detention
Court-ordered confinement of a defendant before trial rather than release, which under federal law may be ordered when no conditions will reasonably assure safety or appearance[67]. See Bail and pretrial release.
Probable cause
A reasonable belief, based on facts and circumstances known to an officer, that a crime has been committed or that evidence of a crime will be found[72]. See Arrest.
Probation
A criminal sentence that allows a convicted defendant to remain in the community under supervision instead of serving time in jail or prison[73]. See Expungement and record sealing.
Prohibited person
A person who, under federal law, is barred from shipping, transporting, possessing, or receiving a firearm or ammunition because they fall into a listed category such as a felony conviction, fugitive status, or certain domestic-violence orders[74]. See Weapons offenses.
Proportionality
The principle that a sentence should not be grossly disproportionate to the severity of the offense committed[26]. See Eighth Amendment: bail, fines and punishment.
Protected computer
A term used in the Computer Fraud and Abuse Act to describe computers covered by the statute's prohibitions on unauthorized access and damage[75]. See Cybercrimes.
Proximate cause
An actual cause that is also legally sufficient to support liability[76]. See Elements of a crime.
Public defender
A lawyer appointed by the court and paid by the government to represent a defendant who cannot afford to hire an attorney[77]. See Charged with a crime? Start here.

R

Rape
A crime at common law defined as unlawful sexual intercourse with someone without their consent and by means of fear, force, or coercion[78]. See Sex offenses.
Reasonable suspicion
A standard lower than probable cause that permits brief, limited investigative stops and pat-downs when an officer can point to specific, articulable facts suggesting criminal activity[72]. See Fourth Amendment: searches and seizures.
Responsible Corporate Officer doctrine
A legal doctrine creating a presumption that a high-ranking corporate officer is aware of their corporation's wrongdoing, allowing conviction even without personal knowledge[79]. See White-collar crimes.
Right to counsel
The right of a criminal defendant to have a lawyer assist in the defense, even if the defendant cannot afford to pay for one[80]. See Charged with a crime? Start here.
Riot
Under federal law, conduct a person may intend to incite, organize, promote, encourage, or participate in while traveling in or using facilities of interstate or foreign commerce[81]. See Public order crimes.
Robbery
The unlawful taking of another's property by violent force or threat of force, with intent to deprive them of it[82]. See Theft and larceny.

S

Schedule
A classification level, from I to V, that groups controlled substances by abuse potential and accepted medical use[83]. See Drug crimes.
Scheme to defraud
A plan or artifice to obtain money or property through false or fraudulent pretenses, representations, or promises, an element of the wire fraud statute[84]. See Cybercrimes.
Search warrant
A warrant signed by a judge or magistrate authorizing a law enforcement officer to conduct a search of a specified person, place, or automobile for criminal evidence[85]. See Fourth Amendment: searches and seizures.
Self-defense
The use of proportionate force to protect oneself from an imminent, unlawful attack, provided the defender was not the initial aggressor[86]. See Criminal defenses.
Self-incrimination
The act of providing information that suggests involvement in a crime or exposes a person to criminal prosecution[87]. See Fifth Amendment rights.
Sentence
The penalty a court imposes on a defendant following a conviction, which may include probation, fines, restitution, community service, or incarceration[41]. See Criminal sentencing.
Sex offender
A person convicted of a sex offense, classified under federal law into Tier I, Tier II, or Tier III based on the severity of the offense[88]. See Sex offenses.
Simple assault
Under federal law, assault punishable by a fine or imprisonment of not more than six months, or up to one year if the victim is under 16[89]. See Assault and battery.
Sobriety checkpoint
A police checkpoint where drivers can be tested or arrested for DUI, a practice the Supreme Court has upheld as constitutional[48]. See DUI and DWI.
SORNA
The Sex Offender Registration and Notification Act, Title I of the Adam Walsh Child Protection and Safety Act of 2006, which sets minimum national standards for sex offender registration and notification[90]. See Sex offenses.
Speedy trial
A Sixth Amendment right evaluated under a flexible four-factor test rather than a fixed time limit, examining delay length, reason, assertion of the right, and prejudice[91]. See Sixth Amendment rights.
Statute of limitations
A law that bars claims, including criminal charges, after a certain period of time has passed since the offense[92]. See Criminal statute of limitations.
Statutory rape
Sexual intercourse with a person under the age of consent, treated as rape under the law whether or not the minor was willing, because minors are presumed legally unable to consent[93]. See Sex offenses.
Strict liability
Liability imposed regardless of a defendant's intent or mental state[94]. See Elements of a crime.

T

Tolling
A pause or exception to a limitation period, such as federal law's treatment of persons fleeing from justice in connection with the general federal limitations rule[95]. See Criminal statute of limitations.

U

U.S. Attorney
The federal prosecutor who represents the United States in most federal court proceedings, including criminal prosecutions[29]. See Federal crimes.
Unreasonable search and seizure
A search or seizure conducted without proper legal authority, the issue examined in Mapp v. Ohio[96]. See Landmark Supreme Court criminal cases.

V

Venue
The location where a trial is held; federal criminal cases are tried in a United States District Court[46]. See Federal crimes.
Voluntary manslaughter
Intentionally killing another person in the heat of passion in response to adequate provocation[97]. See Violent crimes.

W

Waiver
A relinquishment of the Miranda rights that must be voluntary, knowing and intelligent to be valid[98]. See Miranda rights.
Waiver (juvenile)
The process by which a juvenile court relinquishes its jurisdiction so that a young person can be transferred into adult court[66]. See Juvenile justice.
Wire fraud
A federal offense involving use of wire, radio, or television communications in interstate or foreign commerce to execute a scheme to defraud[84]. See White-collar crimes.
Wobbler
An offense that can be punished as either a felony or a misdemeanor, with the choice generally left to a trial court's discretion[99]. See Felony vs misdemeanor vs infraction.

References

All sources retrieved November 2026.

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