Accused: Person against whom a criminal proceeding is initiated. "Accused" and "defendant" refer to one who in a legal manner is held to answer for an offense at any stage of the proceedings, or against whom a complaint in any lawful manner is made, charging an offense including all proceedings from the order of an wrest to final execution. A defendant is not accused until charged with the offense or until he becomes subject to actual restraint by arrest.

Action: Lawsuit; the legal demand for one's right asserted in court.

Admissible Evidence: Evidence which may be received by a trial court to aid the trier of fact judge or jury) in deciding the merits of a controversy.

Admissions: In criminal law, the voluntary acknowledgment that certain facts do exist or are true; but, of themselves, admissions are insufficient to be considered a confession of guilt. It is a statement by the accused, which tends to support the charge, but which is not sufficient to. determine guilt.

Adversary System: The trial methods used in the U.S. and some other countries, based on the belief that truth can best be determined by giving opposing parties full opportunity to present and establish evidence, and to test by cross-examination the evidence presented by their adversaries, under established rules of procedure before an impartial judge and/or jury.

Affidavit: A written statement made or taken under oath.

Allegation: In pleading, an assertion of fact; the statement of the issue which the contributing party is prepared to prove.

Arraignment: In criminal practice, to bring the prisoner to court in person to answer a charge.

Arrest: "To deprive a person of his liberty by legal authority," in the technical criminal law sense, seizure of an alleged or suspected offender to answer for crime.

Bailiff: A court attendant who keeps order. and is responsible for the custody of the Jury.

Bench: The court; the judges composing the court collectively. The place where the judge sits (as "approach the bench”; for the attachment or arrest of a person.

Bench Warrant: An order issued by the court, ("from the bench") for the attachment or arrest of a person.

Bill of Rights: The first ten amendments of the U.S. Constitution, in which the liberties, freedoms, and powers of citizens are listed.

Brief: A written argument submitted to the court by counsel setting forth facts and/or law supporting his or her client's case.

Burden of Proof: The duty to establish a fact or facts in dispute, i.e., the plaintiff in a personal injury lawsuit has the burden of proving that an injury occurred, and that the defendant caused it.

Case and Statutory Authorities: Court decisions and legislation that provide legal precedent.

Chambers; The private office or room of a judge.

Charges: The crimes of which a person is accused.

Circumstantial Evidence: Indirect facts about the circumstances involved in a case from which you can deduce or figure out how the event might have happened.

Citation: I) A reference to a source of legal authority, e.g., a citation to a statute or case It is analogous to summons at law, in that it commands the appearance of a party in a proceeding; “ writ issued out of a court of competent jurisdiction, commanding the person the person named therein to appear on the day named, and do something therein mentioned, or show cause why he should not." 2) A document setting forth alleged violations of law.

Clear and Convincing; As a standard of proof, it is that quantum of evidence "beyond a mere (preponderance)", but below that of "beyond a reasonable doubt," and such that it will produce in the mind of the trier of fact a firm belief as to the facts sought to be established.

Closing (Argument); Surnmary of remarks made to the jury by attorneys for both sides after all evidence has been presented in the trial.

Code: A collection of laws pertaining to related subjects arranged into chapters, table of contents and indices, issued by legislative authority; a complete compilation of law on a subject.

Common Law: Law which derives its authority solely from ancient usage and customs and from judgments and decrees of courts which recognize and enforce such usage and customs as distinguished from statutory law.

Complainant: One who seeks legal redress, I.e., a plaintiff in a civil action, or one who calls the police report to a crime.

Complaint: The first pleading or legal paper filed in court by the plaintiff which describes the plaintiffs claim against the defendant.

Defense Attorney: The lawyer who represents the defendant.

Deliberation: The act of discussing and coming to a decision in a legal case.

Deny: For the judge to refuse to agree to an attorney 5 statement, objection, desire to enter in evidence, etc.

Deponent: A witness; one who gives information concerning some fact or facts known to him, under oath in a deposition.

Direct Evidence: Proof of facts by witnesses who personally saw deeds or heard words spoken which constitute the facts to be proven- as distinguished from circumstantial evidence.

Dismissal: An order or judgment finally deciding a particular lawsuit in favor of the defendant by sending it out of court without trial.

Dissent: The disagreement of one or more judges of a court with the decision rendered by the majority.

Examination; The questioning of a witness by a lawyer at a trial or deposition. When the lawyer who called the witness to the stand questions the witness, the examination is direct. When the opposing lawyer is questioning, it is cross examination.

Exclusionary Rule: A constitutional rule of law which provides that otherwise admissible evidence may not be used in a criminal trial if it was the product of illegal police conduct.

Exhibit: A paper or article submitted in a court or produced during a trial or hearing and formally made part of the record.

Expert Witness; A person who, because of training, work or experience, is qualified to testify on the technical or specific facts in a case (for example, a doctor).

Fact: Something that really exists; a known event or thing.

Federal Courts; The courts of the United States, as distinguished from the courts of individual states. These courts derive their legitimacy from the Constitution, An. III,
Sec. I Clause I; "The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish."

Felony: A major crime such as murder, arson, sexual assault, etc. The penalty can be imprisonment in the state prison for more than a year or death.

Fruit of the poisonous Tree Doctrine: Under this rule evidence which is the direct result or immediate product of illegal conduct on the part of an official is inadmissible in a criminal trial against the victim of the conduct.

Hearsay Rule: "Evidence of a statement, which is made other than by a witness while testifying at the Hearing, offered to prove the truth of the matter stated." Hearsay evidence is inadmissible by this rule.

Hostile Witness; A witness who exhibits such antagonism toward the party which called him or her to testify that cross examination of that witness by that witness is permitted by the court.

Impartial: Fair; without prejudice; unbiased.

Impeachment of Witness: An attack on the credibility (believability) of a witness through evidence produced for that purpose. (A cross examination technique).

Inadmissible; That which under the rules of evidence cannot be admitted or received as evidence.

Incriminate: To hold another, or oneself, responsible for criminal misconduct; to involve someone, or oneself, in an accusation of a crime.

Indictment: A grand jury's written accusation that charges a named party with the commission of a crime.

Information: A formal accusation of the commission of a criminal offense made by a
competent public officer, such as a prosecutor, rather than by indictment by a grand jury.

Intent:A state of mind wherein the person knows and desires the consequences of his act which, for purposes of criminal liability, must exist at the same time the crime is committed.

Irrelevant: Evidence not bearing on the manner in dispute, not tending to prove or disprove any issue involved in the matter.

Judge: A person appointed or elected to hear and decide a case, and to make certain that legal procedures are followed.

Judgment: An order by a judge on a case; decision.

Jurisdiction: The power to. hear and determine a case. (territorial/subject matter).

Jury: A given number of persons selected according to the law to determine issues of fact on the basis of evidence submitted to them.

Jury (Grand): A jury of inquiry which receives complaints and accusations in criminal cases. It hears the prosecutor's evidence and issues indictments when satisfied that there is probable cause to believe that a crime was committed, that the accused committed a crime and that a trial should be held.

Jury (Petit): The ordinary jury of 12 (or fewer) persons selected to hear the trial of a civil or criminal case and is trier of fact (distinguished from the grand jury).

Juvenile Code: Laws that apply to children under 18.

Law: Rule for society, usually made by the government, that the people must obey. In the United States, the legislative branch is responsible for making jaws.

Lawyer; A person who has been licensed to represent others in legal mailers.

Leading Question: One which suggests to a witness the answer desired by the inquirer, or puts words into the witness' mouth- prohibited on direct examination on the theory that the witness is friendly to the patty who called him or her and will accept any suggestions made by that party's counsel rather than answering as he or she should, on the basis of his or her own recollection. (witness can answer yes or "no').

Litigation: The process of resolving a dispute over legal rights in court.

Misdemeanor: Offenses less serious than felonies; generally punishable by fine or imprisonment in local rather than state prisons.

Mistrial: Termination of a trial prior to verdict, with the case ordered for retrial, because of some basic flaw such as lack of jurisdiction or improper drawing of jurors, or because of some event in the courtroom which jeopardizes the rights of one of the parties to a fair trial.

Mock Trial: A simulated trial.

Moot: Not actual, theoretical or hypothetical
usually in reference to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing which would be affected by the court's decision.

Motion: An application to the court requesting an order or rule in favor of the applicant.

Motion to Dismiss: A request made by a lawyer to a trial judge to end or dismiss a case, for example, because of a lack of evidence.

Motion to Suppress: A request made by a lawyer to a trial judge to prevent the introduction of evidence that would damage that lawyer's side of the case.

Objection: The taking of an exception to a question, answer, statement or procedure in trial- intended to focus the court's attention on some allegedly improper item of evidence or procedure and to obtain relief therefrom.

Opening Statement; Introduction to the case given by lawyers for each side at the start of a trail.

Overrule: A judge's decision to deny an objection or motion made by lawyers in the case.

Parties: Principals; the parties to a lawsuit are those who instituted it and those against whom it is brought.

Perjury: Lying under oath. Perjury is a crime.
Physical (Real) Evidence; Tangible items used to prove or disprove a point in trial.

Plain View: An exception to the general requirement of a valid search warrant to legitimize a search or seizure.

Plaintiff: A person who brings a civil action; the party who complains or sues.

Pleading: The process by which opposing parties alternately present their contentions in writing, each responding to the immediately preceding pleading of the other party, thereby narrowing he controversy until a single point of dispute emerges, called the issue. It is the issue which is resolved at the trial.

Precedent: Previous court decisions used for guidance in deciding questions of law in a similar case.

Prejudicial Error: "Reversible Error"; an error in the course of a trial serious enough to require an appeals court to reverse the judgment.

Preliminary Hearing: The preliminary hearing is designed primarily to assess the propriety of the prosecutor's charge against a defendant. It is an adversary proceeding and may provide an opportunity in discovery, obtaining statements for impeachment purposes, and perpetuating testimony.

Preponderance of Evidence: The greater weight (in terms of quality, not quantity) of evidence, or that evidence which is more believable and convincing.

Presumption of Innocence: A basic fundamental of our legal system; the theory behind due process, i.e., that a citizen accused of a crime by the government must be proven guilty beyond a reasonable doubt by factual evidence presented.

Pretrial Motion: A request from a lawyer to
a trial judge to suppress evidence, postpone
a case or change the location of a trial.

Prima Facie: The establishment of a legally required presumption that may be rebutted. A prima facie case is one that has been supported by sufficient evidence for it to be taken as proved in the absence of adequate evidence to the contrary

Probable Cause: A reasonable ground, established after investigation, for believing that facts exist warranting further proceedings.

Prosecuting Attorney: Lawyer. who asserts the interests and rights of the people of the state against the defendant in a criminal charge.

Prove: Show with evidence that something exists or is true.

Reasonable Doubt: An accused person is entitled to acquittal if, in the minds of the jurors, guilt is not proved beyond a "reasonable doubt"; proof beyond a
reasonable doubt" is that which excludes every reasonable theory of the facts except that which it tends to support, which establishes the facts to a moral certainty but not beyond all possible or imaginary doubts.

Reasonable Suspicion; A standard less than probable cause established for arresting authorities.

Rebuttal: The introduction of answering evidence; proof by one party disputing provided by its adversary; also, the stage of a trial when such evidence is introduced.

Redirect Examination: The questioning of a witness during trial by the party that called him or her to testify, following cross examination by the other party upon matters arising out of such cross examination.

Right: What a person justly deserves; is entitled to have.

Search and Seizure, unreasonable: In general and unlawful search of one's premises or person; a search which is unreasonably oppressive in its invasion of privacy.

Search Warrant: A written order from a justice or magistrate directing an officer to search a specific place for a specific object, issued upon a showing of probable cause.

Self Incrimination: The constitutional right of a person to reflise to answer questions or otherwise give testimony against her/himself which will subject her/him to a substantial likelihood of criminal incrimination.

Stand: The place where a witness sits to give testimony. In England and at one time In America, witnesses stood during testimony. The place where they stood was called the "stand."

Stare Decisis: To abide by or adhere to decided cases, the policy of the courts to be guided by precedent and not to disturb a settled point of law as applied to a certain set of facts.

Stipulation: An agreement between opposing attorneys on any matter relating to the proceedings or trial, i.e., to extend the time to answer, to adjourn the trial date, to admit certain facts at the trial, etc. (Agreed facts)

Subpoena: A court order for a person to appear in court and give testimony.

Substantive Law; That part of the law which states, defines and regulates rights, distinguished from adjective law, which sets forth methods of enforcing rights created by substantive law.

Sustain; For the judge to agree with an objection, statement, or motion made by a lawyer in a case.

Sworn Statement: A statement made by a witness made under oath.

Testify; To speak in court under oath.

Testimonial Evidence; Statements or depositions by witnesses in a trial.

Testimony: Evidence given by a competent witness under oath, as distinguished from documentary evidence or evidence from sources.

Transcript; The record of proceedings in a trial or hearing.

Trial: The hearing and deciding ofa case in a court of law.

Unanimous; In total agreement. In Ohio, jury decisions in criminal cases must be unanimous. In civil cases, 75% of the jurors must agree.

U.S. Constitution; The basic principals and beliefs which establish the structures and operations of the federal government of the United States and a skeletal description of the government.

Verdict; The Jury's decision or finding on the issues submitted to it for determination.

Warrant: A written Order directing the search or arrest of a person or persons, issued by a court, body or official having the proper authority.

Witness: One who testifies to what he or she has seen, heard or otherwise observed.

Associate/Affiliate: As an actual gang member, an associate or affiliate tends to be the newest member of a gang and does not have an extensive criminal record. Associate members may be involved temporarily or may eventually evolve into hard core members.

Delinquent Gangs: Delinquent gangs are characterized as groups of young people who "hang out" together and have a name, a leader or leaders. Generally, this type of gang has developed some identifying signs such as a similar clothing style, colors, and/or hand signs. Youth in these gangs have engaged in truancy, minor vandalism, and status offenses to attract negative attention from police, neighbors, and/or school officials. However, these young people have not been charged with serious crimes.

"Dis": To disrespect a gang or gang member. Dissing can be verbal, written - as in graffiti, or through gestures - as in gang signs.

Colors: Clothing which identifies a person's loyalty to a specific gang. It can take the form of clothing color or readily identifiable brands. For example., a Colorado Rockies hat using the abbreviation "CR" can be used as "Crips" colors.

Gain-Oriented Gangs: Gain-oriented gangs are groups of young people with a name and a leader or leaders, who repeatedly engage in criminal activity for economic gain either collectively or individually. The group may also show characteristics of a turf-based gang, because it defends a territory. Offenses may range from robbery
and theft to distribution and sales of controlled substances.

Gang: A group or collectivity of persons with a common identity, who interact in cliques or sometimes as a whole group on a fairly regular basis and whose activities the community may view in varying degrees as legitimate, illegitimate, criminal, or some combination thereof.

Gang Bang: 1) Physical fights between rival gangs usually over turf. 2) Gang sanctioned and promoted illegal activities.

Hard Core: A hard core member is one who is completely committed to and lives only for the gang. Generally, these members are the most influential and commit the most serious crimes.

Motorcycle Gangs: Starred in the early fifties as loosely knit rowdy groups, motorcycle gangs have evolved into recognized dangerous criminal groups. They represent a major threat to law enforcement due to their possession of and expertise in sophisticated weapons and their intricate intelligence networks. Not all motorcycle groups are sophisticated criminal organizations. According to the American Motorcycle Association, criminal motorcycle gangs represent only one per cent (1%) of the nation's bikers.

Peripheral: A peripheral member refers to an individual who "hangs out" with gang members, but who may or may not engage in gang activity.

Prison Gangs: As an extension of street gangs, prison gangs have become increasingly powerful, causing many penal institutions to develop stringent policies to control their spread and influence. In some institutions, gangs are responsible for high levels of contraband activity, drug distribution, violence against institution staff and inmates, and the regulation of crime between the streets and the penal institution. Prison gangs are often recognized by institution staff as organizations to work through to maintain institutional control.

Traditional Turf-Based Gangs:
Traditional turf-based gangs are described as groups of young people with a name, a leader or leaders, and identifying signs such as clothing style, colors, or hand signs. The group is committed to defending its reputation and its status as a gang. Usually, this type of gang is associated with a geographic territory which it defends against rival gangs. Turf and gang rivalry are key identifying characteristics. Members often mark the gang's tuff with graffiti.

Turf: Geographic area which a specific gang considers itself to control in terms of membership recruitment, gang business transactions (i.e., drug trade), and protection. Turf must be protected from encroachment from rival gangs.

Violent/Hate Gangs: Violent/hate gangs are characterized as groups whose violence has an ideological or religious premise such
as racism or Satanism. These groups include, for example, Skinheads, the Ku Klux Klan, and the Aryan Brotherhood. Collectively, members engage in acts of violence toward groups or individuals different from themselves. If present at all, turf and materials gain appear to be of
secondary importance to this group. Offenses may include intimidation, serious assaults, and homicide.

Wannabe: "Wannabes" are usually the youngest of those associated with gangs. They are identified as persons wanting to join a gang or simply emulating the behavior of gang members.