GLOSSARY OF LEGAL TERMS AND PHRASES* Accelerated

GLOSSARY OF LEGAL TERMS AND PHRASES

Additional terms and definitions may be found at 18 Pa.C.S.A. §103.

Accelerated Rehabilitative Disposition (ARD): A pre-trial diversionary program established and run by

the district attorney of each county. A voluntary program for non-violent offenders involving the concept of

probation supervision without conviction. The suspension of criminal prosecution for a set period of time by

the prosecutor, in exchange for the defendant’s successful completion of rehabilitation program. Upon

successful completion of the program, the defendant’s criminal record is expunged or erased.

Accused: Person(s) formally charged but not yet tried for committing a crime.

Acquittal: A judgment of a judge or jury that the defendant is not guilty of the offense(s) for which he has

been charged and tried.

Actus Reus: The wrongful deed or act. That part of a crime when combined with the mens rea makes the

complete crime.

Adjudication: The judicial decision that ends a criminal proceeding by a judgment of acquittal, conviction,

or dismissal of the case.

Admissible: Evidence, including testimony, documents, or physical objects, which may be legally used at

trial to prove a material issue of fact or an element of a crime. Inadmissible evidence may be important to

prove a material issue of fact or an element of a crime, but may not be used due to some legal defect. For

example, hearsay is a statement or action which is made outside of court and offered for the truth of the

matter asserted at trial. Courts do not allow such evidence to be admitted at trial based on long-standing

policy concerns regarding the veracity of such evidence. Hearsay, with limited exceptions, is not

admissible.

Adult: A person who by virtue of his age, 18 or older, is within the jurisdiction of criminal court.

Advocate: (1) n.- One who represents and supports the victim of domestic violence. (2) v.- To assist or

argue for another. (3) n.- As alluded to in the Basic bill of rights for victims, one who may accompany a

victim at all public criminal proceedings. 71 P.S. Section 180-9.3(3).

Affiant: Someone who makes or files an affidavit. Usually the arresting or investigating officer in cases of

reported domestic violence. However, it may also be a person who signs and acknowledges that the facts

contained within an affidavit are true and correct under penalty of the law. Such as in cases where a

private criminal complaint is filed.

Affirm: To declare the judgment, order, or decree of a lower court valid.

Affidavit: A written, sworn statement in which the writer swears that the information stated therein is true

and correct to the best of his knowledge.

Aggravated Range Sentence: A sentence that departs from the standard range sentence by a greater

number than the standard range sentence by a specified period of months.

Aggregate Sentence: The sum total of all consecutive or partially concurrent sentences currently being

served by a convict.

Alleged: The term used to modify any fact or charge not yet proven true.

Alibi: A defense claim that the defendant did not commit a crime because he was not physically present at

the location and time when the crime occurred. Commonwealth must receive notice of an alibi defense to

be offered by a defendant at trial within the time for filing an omnibus pre-trial motion. Pa.R.Crim.P.

573(C)(1)(a). An alibi defense must be disproved by the Commonwealth beyond a reasonable doubt once

placed at issue by the defendant.

Alternate Issuing Authority: An issuing authority appointed by order of the court of common pleas to

temporarily preside over a criminal matter arising out of a different magisterial district or jurisdiction.

Pa.R.Crim.P. 132.

Alternate Jurors: A reasonable even number of jurors in addition to the principal jurors that may be

impaneled to sit as alternate jurors. Only twelve persons may deliberate and render a verdict in

Pennsylvania. Alternates are selected in most cases as a safety precaution in case one of the principal

jurors can not sit and deliberate for the entire case. Alternate jurors may not deliberate unless replacing a

juror removed or excused during the trial.

Allocatur: A legal term used to describe a petition for allowance of an appeal to the Pennsylvania

Supreme Court.

Appeal: A petition to a higher court for a reversal or modification of the judgment of a lower court.

Appellant: The person or entity taking an appeal from a judgment or order.

Appellee: The adverse party to an appeal from a judgment or order. The party who is opposing the

appellant.

Arraignment: Generally means an accused person's appearance in a court at which the court may inform

him of the charges against him, advise him of his rights to pre-trial relief, appoint a lawyer for him, and/or

hear his plea.

Arrest: The taking into custody of a person suspected of a crime for the purpose of charging him with

committing a specific offense.

Arrest Warrant: A document issued by a judicial officer which directs a law enforcement officer to arrest a

person who has been accused of an offense. See “Warrant”, supra

Apprehension: See Arrest.

Assailant: The batterer, suspect, or defendant.

Assault: A threat or attempt to inflict offensive physical contact or bodily harm on a person that puts the

person in immediate danger of or in apprehension or fear of such harm or contact or causing bodily injury

intentionally, knowingly or recklessly. No physical contact is necessary. An attempt, with unlawful force, to

inflict bodily injury upon another, along with the current ability to succeed in the attempt unless prevented

from doing so. No physical contact is necessary. An assault could be either a tort or a criminal offense,

and therefore a basis for a civil action and/or a criminal prosecution. Assaults may be categorized as

“simple” or “aggravated” depending on such factors as the extent of bodily injury, use of a weapon, status

of the victim, etc. 18 Pa.C.S.A. §§2701; 2702

Attorney: One who is admitted to the practice of law within his respective state. A lawyer, counselor at

law, legal advocate. A district attorney is a lawyer that is statutorily assigned to prosecute criminals.

“Backtime”: Legal slang for the remainder of a parole sentence. The period of time that a criminal

defendant is released on parole from the expiration of their minimum sentence.

Bail: Money or property promised or given to the court as security when an accused person is released

before and during his trial with the agreement that the defendant will return to court when ordered to do so.

The purpose of bail is to secure the appearance of the defendant at all subsequent times required and to

protect the community and any identified person(s). Bail is forfeited if the defendant fails to return to the

court. If someone is "out on bail" that means that they have posted bond, or a portion of their bond. A bail

bondsman may post bond for a defendant.

ROR- “Released on Own Recognizance.” Nonmonetary bail that requires the signing of the

defendant’s signature to the general bail conditions. No amount of cash or property need be posted.

Nonmonetary Conditions: Bail without the need for posting of cash or property. A defendant is

given a set of conditions in addition to those imposed by ROR bail, above cited. These conditions may

include reporting requirements, restrictions on travel, and any other conditions deemed appropriate, such

as psychological or drug/alcohol counseling.

Unsecured Bail: A dollar amount that is set by an issuing authority to be paid by the defendant or

a surety upon breach of the bail conditions.

Nominal Bail: A minimal amount of cash or property to be posted in order to meet the monetary

requirement of bail. Conditions of bail are always present.

Monetary Condition: Also referred to as “release on monetary condition.” A bail or issuing

authority may require the defendant to post an amount of cash or property in order to be released from a

secured facility. Monetary conditions are in addition to mandatory bail conditions, such as refraining from

the commission of a new crime.

Bailiff: A uniformed court officer whose function is to keep order in the courtroom.

Bar: A part of the courtroom located in front of the judge’s bench.

Battered Woman's Syndrome: The theory that a woman who has been abused by her partner over a

period of time becomes psychologically unable to leave her abuser. Often used in addition to the self-

defense theory when a battered woman kills. Not a recognized defense in Pennsylvania. However, a long-

standing period of abuse may be admissible evidence to establish a woman’s reasonable fear of her

husband’s attack.

Battery: The infliction of physical contact with force by one person against another. Battery can be

against one's body or close to the person's body, for example, clothing, car, or umbrella.

Bench: Where the judge sits during court proceedings; the term also is often used for referring to the

judge.

Bench trial: A trial in which the judge hears the case without a jury and decides whether the accused is

guilty. Also referred to as a “waiver trial” or a “non-jury trial.”

Bench warrant: A court order which directs that an accused person who has been released before trial

and fails to return when ordered to do so be brought to court to appear before the judge.

Beyond a Reasonable Doubt: The degree of proof needed for a jury or judge to convict an accused

person of a crime. Not reducible to a mathematical certainty, such as 95%. It is that amount of doubt

which would cause a reasonable person to hesitate before acting in a matter of importance in their own

affairs. See Burden of Proof, supra

Bill of Particulars: A more detailed and specific accusation made by the Commonwealth against a

criminal defendant. Must be requested within 7 days of formal arraignment.

Bond: Money or property promised or given to the court to insure the presence of the defendant in all

future criminal proceedings. Factors the judicial officer considers in setting the amount of bond include

whether the defendant is likely to flee, and whether the defendant presents a danger to the community.

Bond is forfeited if the defendant fails to return to the court.

Personal Recognizance/Release on Recognizance (ROR bond): The promise of an accused

person to the court that he will return to court when ordered to do so which is given in exchange for

release before and during his trial.

Surety Bond: Guarantee by a third party to pay the court the amount of bond set in the event that

the defendant fails to appear at the next duly set judicial proceeding regarding the defendant's

case.

Cash Bond: A sum of money in the amount designated by the court in an order setting bond,

posted by a defendant or by another person on behalf of the defendant with the court or other

authorized public officer.

Booking: A police administrative action officially recording the arrest and identifying the person, place,

time, the arresting authority and the reason for the arrest. Fingerprinting and photographing are also

performed. Information is entered into state and national data banks such as AFIS (Automated Fingerprint

Identification System).

“Bound Over”: Legal jargon meaning that evidence sufficient to support a prima facie case against a

defendant has been presented by the Commonwealth. In the context of a preliminary hearing, a

Magisterial District Judge must find that a prima facie case exists for each charge that is forwarded (“bound

over”) to Common Pleas Court for further disposition.

Burden of Proof: The duty of one party to prove an allegation in order to convince the judge or jury of the

truth of that particular allegation. The amount of evidence that one party must present in order to win her or

his case. In criminal cases, the burden of proof is "beyond a reasonable doubt"; in civil cases, the burden

of proof on the plaintiff is "preponderance of the evidence".

Beyond a Reasonable Doubt- This is the highest standard of proof under the law. The standard

that is applicable to the Commonwealth in criminal trials. The amount of doubt that would cause a

reasonably prudent person to hesitate before acting in a matter of importance in their own affairs.

Clear and Convincing Evidence- Highly likely, more than a preponderance of the evidence, but

less than beyond a reasonable doubt.

Preponderance of the Evidence- Evidence that is of greater weight than the evidence offered in

opposition to it; more probable than not; slightly greater than 50%.

Prima Facie- The lowest standard of proof. Evidence which suggests that a crime has occurred

and a defendant had some part in the commission of the crime. Common sense application to a set of

facts in determination of whether or not a crime may have occurred.

Capias: A bench warrant issued by a judge of the court of common pleas for a defendant’s non-

compliance with the conditions of bail or other order of court that sets forth a mandate to appear.

Case-In-Chief: The primary presentation of evidence by either the Commonwealth or the defense. The

Commonwealth must establish the elements of the crime(s) charged and the criminal responsibility of the

accused. The defense may present evidence to prove an affirmative defense such as legal justification,

entrapment, or legal insanity or place at issue another matter which may create a reasonable doubt, such

as an alibi defense.

Certiorari: Review by the United States Supreme Court.

Challenge for Cause: A motion made by either the defense or the Commonwealth which indicates to a

trial court that a prospective juror may not be suitable for a jury due to some pre-existing bias or knowledge

about a case and the juror should be removed due to such. Both the defense and the Commonwealth have

unlimited challenges based upon cause.

Chambers, Judges: The office of the judge which is sometimes used for private sessions on cases. For

example, the prosecutor and the defense attorney may meet the judge in chambers before sentencing in

order to make a recommendation.

Charge: A formal allegation that a specific person(s) has committed a specific offense, also referred to as

pressing charges.

Charge of the Court: The jury instructions read to the jury by the trial court after the closing arguments of

counsel.

Circumstantial evidence: Indirect evidence. The proof of certain facts through which a fact finder may

infer or deduce that another fact or facts are in existence. For example, it rained last night. I did not see or

hear the rain. However, when I awoke the sidewalk, cars, and buildings were all wet. Logically, therefore, I

may infer or arrive at the conclusion that it rained last night. Compare “Direct Evidence”, supra

Citation: One means by which summary criminal proceedings may be commenced. A citation may be

issued by a uniformed officer to an accused or the citation may be filed by the officer at the office of the

Magisterial District Judge with appropriate jurisdiction in which case the citation is served on the accused

by mail.

Clear and Convincing Evidence: See

Burden of Proof. A standard of proof somewhat greater than a

"preponderance of the evidence" but somewhat less than "beyond a reasonable doubt"– sufficient proof for

the judge or jury to believe the facts that are sought to be established.

Closing Argument: The final persuasive statements made to the jury from the prosecutor and defense

counsel based upon the facts presented at trial and reasonable inferences deduced therefrom.

Collateral: Cash or a cash equivalent deposited in summary cases. Pa.R.Crim.P. 3, 42 Pa.C.S.A.

Collateral Appeal: An appeal by a defendant or petitioner pursuant to the Post Conviction Relief Act

(“PCRA”), 42 Pa.C.S.A. Sections 9541-9546.

Collateral Estoppel: The theory which allows for a perpetrator's criminal conviction to be accepted as

proof of the perpetrator's legal liability in civil cases filed by the victim. See also Res Judicada.

Colloquy: A discussion held between parties. A “guilty plea colloquy” may be given either orally or in

writing and outlines or discusses the rights a criminal defendant waives or gives up by pleading guilty or

nolo contendere (no contest), the maximum possible penalties for all the crimes charged, and whether the

defendant has knowingly, voluntarily and intelligently given up their rights by pleading guilty.

Commitment: The action of a judicial officer ordering that an adjudicated and sentenced adult be admitted

into a correctional facility.

Common Law: Law or rules of law established by the courts. Decisional law. Derived from cases

decided by the courts of Pennsylvania or from federal courts which are binding precedent or persuasive

authority.

Common Pleas Court: See

Court of Common Pleas.

Commonwealth: The State of Pennsylvania. May also refer to one or more of the law enforcement

agencies assigned the duty of carrying out the laws of the State.

Commonwealth Court of Pennsylvania: An appellate court in Pennsylvania that hears appeals from

State agency and administrative decisions. There is only one Commonwealth Court in Pennsylvania. This

Court hears appeals from decisions rendered by the State Board of Probation and Parole.

Commonwealth’s Presenter: The entity or individual assigned the responsibility of setting forth and

proving the criminal allegations made against a citizen in a court of law. This may include an arresting

officer, an affiant, or a district attorney.

Community Correction Center: Commonly referred to as “half-way homes,” this is a residential facility

run by the Pennsylvania Department of Corrections for state prisoners who meet certain eligibility

requirements.

Compensation: Remuneration provided to a victim for the loss resulting from another’s criminal actions.

Restitution for property losses and medical expenses directly caused

by criminality must be ordered by the

court of common pleas. 18 Pa.C.S. Section 1106, 42 Pa.C.S. 9721(c). Compensation for losses suffered

by victim or family member may also be recouped through the Crime Victim’s Compensation Board. 71

P.S. 180-7-180-9.11 (Adm. Code Sections 477-479.11). Compensation through the Crime Victim’s

Compensation Board is paid through a statewide fund for medical and/or funeral expenses, counseling, lost

wages, or support made necessary by injuries or death sustained as a result of the criminal behavior of

another.

Complainant/Complaining Witness: The person who files a formal criminal complaint or the victim of the

crime described in the complaint.

Complaint: A formal written statement filed in court by any person, often a prosecutor or a victim, which

accuses a specific person of committing a specific crime.

Concurrent: Sentences that are served either wholly or partially at the same time including sentences of

confinement, probation, or intermediate punishment.

Confidential Communication: Any written or oral communication between two or more parties that is the

subject of the protected right of one of the parties as a matter of law. The communication may only be

divulged by the other party or one of the other parties if the party with the protected right agrees to the

communication being divulged to others. Such confidential communications are protected within the

relationship of attorney/client, doctor/patient, psychiatrist or psychologist/patient, clergy/other, just to name

a few.

As defined by the Protection From Abuse Act with regard to domestic violence counselor or

advocate:

“All information, whether written or spoken, transmitted between a victim and a domestic violence

counselor or advocate in the course of the relationship. The term includes information received or given by

the domestic violence counselor or advocate in the course of the relationship, as well as advice, reports,

statistical data, memoranda or working papers, records or the like, given or made in the course of the

relationship.” 23 Pa.C.S.A. Section 6102. The communication will remain confidential unless and until a

victim executes a waiver in a signed writing. 23 Pa.C.S.A. Section 6116.

Consciousness of Guilt: Generally speaking, a belief by an individual that he/she is in fact criminally

responsible for a particular act or offense. When an individual flees or conceals himself such flight or

concealment is a circumstance tending to prove the person is conscious of guilt. Such flight or

concealment does not necessarily show consciousness of guilt in every case. A person may flee or hide

for some other motive and may do so even though innocent. Whether the evidence of flight or concealment

in a case should be looked at as tending to prove guilt depends upon the facts and circumstances of a case

and especially upon motive which may have prompted the flight or concealment. The judge will tell the jury

that they may not find the defendant guilty solely on the basis of evidence of flight or concealment.

Consecutive: Sentences that are not served either wholly or partially at the same time. The total term of

supervision or confinement is increased by each respective sentence.

Contempt of Court: An act that is calculated to embarrass, hinder, or obstruct the court in the

administration of justice, or that is calculated to lessen the court’s authority or dignity. May be either “direct”

or “indirect.” Direct contempt occurs within the presence of the court or courtroom officials. Indirect

contempt occurs outside the courtroom, but in contravention of a court’s order. For example, an indirect

criminal contempt may occur when a defendant violates a valid protection from abuse order by disregarding

all or some of the order’s terms.

Continuance: The rescheduling of the hearing on a criminal matter from one date to another for cause

shown.

Conviction: A judgment of the court based either on the decision of a jury or a judge or on the guilty plea

of the accused, that the defendant is guilty of the crime of which he has been accused.

Corroborate: To give information that supports the statements made by either the victim or the accused.

Count: Each separate offense listed in a complaint, information, or indictment accusing a person of

committing a crime.

County Parole Supervision: The parole supervision automatically placed upon a convicted defendant

when the maximum term of incarceration does not exceed 24 months when the sentence imposed is a

sentence with a minimum and maximum term.

Court: An agency of the judicial branch of the government authorized by law to decide controversies of

law and fact brought before it.

Court of Common Pleas: The trial court in Pennsylvania. There are currently 65 courts of common pleas

for the 67 counties in Pennsylvania. The Superior, Commonwealth and Supreme Courts are ranked above

the court of common pleas.

Court Case: One or more of the offenses charged in a criminal complaint is a misdemeanor, felony, or

murder of the first, second, or third degree. Pa.R.Crim.P. 3, 42 Pa.C.S.A.

Court Administrator: An official in charge of the progression of the calendar of the Court of Common

Pleas. A court administrator may determine which criminal cases will be heard before other cases.

Court Calendar: The calendar established by the court or other duly designated authority within a county.

The calendar determines the timing and duration of all proceedings occurring within the court of common

pleas. Proceedings include the scheduling of formal arraignments and trial.

Court reporter: The person employed by a court to record the statements and conversations held before

a court. Also referred to as a stenographer. A reporter will make an electronic recording of a statement

contemporaneous to its being spoken with a machine similar to a typewriter.

Credibility: The assessment of another’s demeanor, manner of speaking, tone of voice, and appearance

in determining how much or how little weight to accord his testimony in court. The finder of fact will have to

assess the credibility of each witness that comes before it in a determination of the guilt or innocence of an

accused.

Crime of Violence: Any crime involving actual or threatened violence against a person. Crimes of

violence include, but are not limited to, homicide, voluntary manslaughter, robbery, aggravated assault,

rape, kidnapping, burglary, and simple assault.

Crime Victim’s Compensation: 71 P.S. Section 180-7, et sequentia. Compensation awarded to a

claimant or victim of a crime through the Bureau of Victims’ Services in the Pennsylvania Commission on

Crime and Delinquency.

Crime Victim’s Compensation Board: Administrative agency established by the Pennsylvania

Legislature to provide victim’s assistance. Title 71 P.S. 180-7 through 180-9.11

Criminal: A person who has been convicted by a court of committing a crime.

Criminal Court: The trial court or the Court of Common Pleas where a criminal trial or other disposition

will be heard.

Criminal Record: An individual’s prior convictions for penal code offenses. The record may include

juvenile adjudications, summary offense convictions, and convictions from other states/territories. Primarily

a criminal record refers to prior convictions for offenses such as misdemeanors and felonies.

Cross Examination: The question asked of a witness by the opposing attorney for more information.

Cross-examination questions may be leading. Compare “Direct Examination,” supra

Deadly Weapon Enhancement: An enlargement of the mitigated, standard and aggravated range

sentences of the guidelines by a specified period of months based upon the use or possession of a deadly

weapon during the commission of an offense. A deadly weapon is any item that is capable of inflicting

death or serious bodily injury.

Declarant: One who declares or makes a verbal or written statement. See Com v. Wilson, infra

Defendant: A person who has been formally charged with committing a crime and against whom a

criminal proceeding is pending (criminal); a person who has been sued by the plaintiff (civil).

Defense Attorney: A privately retained or court-appointed lawyer that will prepare and defend an

accused’s case. Court-appointed attorneys are either Public Defenders or private attorneys who are

retained by a county to represent indigent defendants that a Public Defender may not represent due to a

conflict of interest. Court-appointed lawyers are paid by the county government to assist indigent or poor

defendants. A criminal defendant has the right to be represented free of charge if he cannot otherwise

afford legal representation.

Demeanor: One’s physical appearance; outward bearing or behavior. Includes, but not limited to, one’s

tone of voice, evidence of surprise, emotional state, and facial expressions.

De Novo: Literally anew, as in trial de novo – the granting of a new trial.

Deposition: Part of discovery whereby a witness (whether or not a party) is questioned and cross-

examined under oath; the testimony is recorded either stenographically or by audio or videotape recording.

Demurrer: The facts alleged do not support or are insufficient to prove the crime(s) charged.

Detention: The legal confinement of a person subject to criminal or juvenile proceedings.

Direct Appeal: An appeal from a judgment or order that is on review for the first time in an appellate court.

Direct Evidence: A type of evidence (testimony, objects, pictures, confessions) that establishes an

element of the crime based upon the contemporaneous (occurs at the same time) observation or

perception of a physical event. For example, “I saw the defendant hit the victim twice in the shoulder

before reaching for the tennis racket.” This is testimony from a witness that establishes what the witness

saw or perceived. This is direct evidence of a material element of a crime. It establishes that an action

occurred. Another example may be that the defendant confessed to police that he “wanted to make the

victim pay for coming home late.” This is direct evidence of the defendant’s intent to cause harm. The

defendant told the police this is what I was thinking when I committed the action. Compare

“Indirect

Evidence” contained herein.

Direct Examination: The questioning of a witness during a case-in-chief. An attorney must ask

non-leading questions in order to obtain the desired testimony. Compare “Cross-Examination,” supra

Discovery: A pre-trial procedure which allows each party to get written or oral information from the other

party. This includes, among other things, depositions and interrogatories. Discovery is to occur within 14

days of a defendant’s formal arraignmentunless further extended by the Court. Pa.R.Crim.P. 573.

Dismissal: A decision by a judicial officer to end a case for legal or other reasons without a determination

of guilt or innocence.

Disposition: The outcome of a case. The ultimate resolution of a criminal matter. For example, a case

may result in a guilty plea or a verdict of guilty. In either event, the disposition of the case is a conviction.

Information indicating that criminal proceedings have been concluded. Such dispositions include, but are

not limited to, acquittal, acquittal by reason of insanity, pretrial probation, probation without verdict, nolo

contendere plea, convicted, discharge under the rules of the Pennsylvania Rules of Criminal Procedure,

demurrer sustained.

District Attorney: See prosecutor. See also

Commonwealth’s attorney

District Justice:

See

Magisterial District Judge.

Diversion: The official halting or suspension, at any legally prescribed processing point after a recorded

justice system entry, of formal criminal proceedings against an alleged offender, and referral of that person

to a treatment or care program administered by a non-justice agency, or a private agency, or no referral.

Docket: The list of cases to be heard on a given day which is posted outside the courtrooms. The cases

are listed by the defendant's name, the case number, the charge, the time it is to be heard, and the defense

attorney.

Documentation: The recording of facts and evidence in a criminal matter.

Domestic Violence: Any one of several crimes specifically enumerated by statute. Domestic violence

crimes include, but are not limited to the following: Simple Assault, 18 Pa.C.S.§2701; Aggravated Assault

18 Pa.C.S.§2702; Involuntary Manslaughter 18 Pa.C.S.§2504; Recklessly Endangering Another Person, 18

Pa.C.S. §2705.

Domestic Violence counselor/advocate: As defined by the Protection From Abuse Act:

“An individual who is engaged in a domestic violence program, the primary purpose of which is the

rendering of counseling or assistance to victims of domestic violence, who has undergone 40 hours of

training.” 23 Pa.C.S.A. Section 6102.

Domestic Violence Program: As defined by the Protection From Abuse Act:

“A nonprofit organization or program whose primary purpose is to provide services to domestic

violence victims which include, but are not limited to, crises hotline; safe homes or shelters; community

education; counseling systems intervention and interface; transportation, information and referral; and

victim assistance.” 23 Pa.C.S.A. Section 6102.

Double Jeopardy: A theory involving punishment twice for the same criminal action. The Fifth

Amendment of the U.S. Constitution and Article I, Section 10 of the Pennsylvania Constitution prohibits

placing a person in double jeopardy. There are, however, instances whereby a person may be punished

both civilly and criminally for the same underlining actions without violating the double jeopardy clause.

Due Process: The guarantee by both the United States Constitution and the Pennsylvania Constitution

that certain substantive or procedural safeguards will occur in a criminal matter as a matter of fundamental

fairness. A criminal defendant is entitled to procedural due process. This is essentially notice and an

opportunity to defend against a criminal charge. A criminal defendant is also entitled to substantive due

process. This includes the right to a trial, the presumption of innocence, and the right to testify on his/her

own behalf.

Electronic Recording: Documentation of a statement through tape recording, audio/visual recording, or

any other method of documenting the words of another. Contemporaneous with their utterance.

Elements: Defined by the Crimes Code, 18 Pa.C.S. Section 103. The components of an offense which

make up the entire crime. Most crimes contain an intent element, known as the “mens rea” and an action

element, known as the “actus reus.” When combined these elements show the entire crime. The

Commonwealth must prove each of these elements beyond a reasonable doubt at the time of trial.

Evidence: Testimony and objects used to prove or corroborate the occurrence of the elements of a

particular criminal offense. See also “Circumstantial” and “Direct Evidence,” supra

Entrapment: The inducement or encouragement by a law enforcement official for another to engage in

criminal activity by either (1) false representations designed to induce belief that such criminal conduct is

not prohibited, or (2) employing methods of persuasion or inducement which create a substantial risk that

such an offense will be committed by a person other than one who is of a mind to commit the crime. It is

the burden of the defendant to prove entrapment by a preponderance of the evidence.

See Burden of

Proof, supra

. 18 Pa.C.S. Section 313.

Evidence Based Prosecution: Prosecution focused on utilizing evidence (tangible objects and testimony

of others) other than the testimony of the victim.

Excited Utterance: An exception to the proscription against hearsay where the availability of the declarant

is immaterial. “A statement relating to a startling event made while the declarant was under the stress of

excitement caused by the event or condition.” Pa.R.Evid. 803(2).

Exclusionary Rule: A legal doctrine which provides that a remedy for the unconstitutional behavior on the

part of a government agent may render the unconstitutionally obtained evidence suppressible. E.g.:

Evidence obtained through an illegal government search may render such evidence suppressible. This

means that the Commonwealth may not be permitted to use the evidence to prove its case during its case-

in-chief.

Exculpatory Evidence: Any evidence (testimony, tangible objects, forensic evidence) that tends to

establish that a particular defendant was less likely to have committed the crime or did not commit the

crime. Evidence which tends to disprove any material element of a crime. See

“Inculpatory Evidence.”

Exhibit: A tangible object that is labeled for identification by a party and admitted as evidence to prove or

rebut the existence of a material element of a crime.

Ex Parte: An ex parte judicial proceeding is one brought for the benefit of one party only, without notice to

the other party. It refers to an application made by one party to a proceeding in the absence of the other.

Expert (Witness): Any person qualified by special training, education or experience, to render an opinion

as to a fact for which he may or may not have personal knowledge. For example, a doctor may state at a

trial that a victim suffered a concussion caused by blunt trauma to the side of the head. The doctor may

also testify to hypothetical questions for which he has no personal knowledge of the facts; for example, that

the injury sustained to the head may have been caused by a club.

Expunge: The sealing or purging of arrest, and other criminal records. To remove information so that

there is no trace or indication that such information existed. Expungement of criminal records is governed

by statute. It will occur in the following situations; (1) upon the successful completion of an ARD or other

pretrial diversionary program; (2) by petition and order of court when the defendant reaches the age of 70

and has been free of arrest for 10 years following the final release from confinement or supervision, or (3)

an individual who has been dead for 3 years. 18 Pa.C.S. Section 9122.

Felony: A criminal offense punishable by fines and/or incarceration in a confinement facility for the period

prescribed by statute. In Pennsylvania, felonies may be of the first, second or third degree. The penalties

are as follows: first degree – imprisonment up to 20 years; fine to $25,000; second degree – imprisonment

up to ten years; fine to $25,000; and third degree – imprisonment up to seven years; fine to $15,000.

Finding: The court's or jury's decision on issues of fact. In almost all court orders, the findings of facts

precede the actual order of the court.

Formal Arraignment: See Arraignment, supra

. Formal arraignment occurs at a set time after the

criminal charges have been bound over before an issuing authority. Precedes trial.

Furlough: A court or administratively granted period of leave from incarceration or other supervision for a

limited period and defined purpose.

Gagnon I Hearing: Also known as a “probable cause hearing.” The first of two hearings to determine

whether a criminal defendant has violated a term or terms of his probation or parole sentence. The burden

is upon the Commonwealth to show probable cause that a violation has occurred. Named for the United

States Supreme Court decision in Gagnon v. Scarpelli

(see table of cases index).

Gagnon II Hearing: The second of two hearings to determine whether a criminal defendant has violated

the term or terms of his probation or parole. The burden is upon the Commonwealth to establish that a

violation has occurred by a preponderance of the evidence.

Greater Included Offense: A criminal offense that has a higher statutory classification than a lesser

included offense, possesses the same elements and arises from the same set of facts as a lesser included

offense.

Guidelines: A set of standards established by the Pennsylvania Commission on Sentencing to provide

uniformity in sentencing across Pennsylvania. The sentencing court must consider the guidelines when

imposing its sentence.

Guilty: A verdict of a judge or a jury. The charge has been proven beyond a reasonable doubt.

Guilty But Mentally Ill: A verdict rendered by the trier of fact that a criminal defendant is guilty of a crime,

but was mentally ill at the time the offense was committed and was not

legally insane when the offense

occurred. Mentally ill is defined by the Pennsylvania Crimes Code as “[o]ne who as a result of mental

disease or defect, lacks substantial capacity either to appreciate the wrongfulness of his conduct or to

conform his conduct to the requirements of the law.” 18 Pa.C.S. Section 314(c)(1).

Guilty Plea: A formal response by a person accused of committing a specific crime admitting that the

charges against him are true.

Hearing: A legal proceeding in which arguments, witnesses, and/or evidence are heard by a judicial officer

or an administrative body.

Hearing Officer/Master: An appointed individual who hears Protection From Abuse petitions.

Hearing, Preliminary: A proceeding before a Magisterial District Judge or judicial officer in which

arguments, witnesses or evidence is presented and in which it is determined whether there is sufficient

cause to hold the accused for trial or whether the case should be dismissed.

Hearsay Evidence: A statement, other than one made by the declarant while testifying at the trial or

hearing, offered in evidence to prove the truth of the matter asserted. Hearsay is usually inadmissible,

although exceptions exist. Pa.R.E. 801, et seq.

Hearsay Exception: Specified exceptions to the general proscription against the admissibility of hearsay

evidence, such as, present sense impression, excited utterance, and court documents. Pa.R.E. 803.

Held for Court: See “Bound Over”, supra

Held Over: See “Bound Over”, supra

Homicide: Causing the death of a human being intentionally, knowingly, recklessly or negligently. See 18

Pa.C.S.A. §2501.

Hung Jury: A jury whose members are hopelessly in disagreement about the guilt of an accused. After

sufficient deliberation, a trial court may declare a jury “hung” and grant a “mistrial” if the court determines

that further deliberation would not produce a unanimous verdict.

See “Mistrial”, infra

Immediate Parole: The release of a convicted defendant from custody to non-custodial supervision at the

time of sentencing based upon amassed time credit and the expiration of their minimum sentence.

Impeach: To challenge the credibility of a witness, usually by placing in evidence statements made by that

witness at another time which contradict what is being sworn to at that time.

Incarceration: The confinement of a defendant to any federal, state, or local penal facility.

Inculpatory Evidence: Evidence that tends to establish that a criminal defendant commited a particular

crime. Evidence that tends to prove any material element of a crime. See

“Exculpatory Evidence.”

Indictment: A formal written accusation, now referred to as a criminal information filed in a court, alleging

that a specific person has committed a specific crime.

Indigent: A party who has been found by the court to be too poor to pay for his own attorney. The court

provides an attorney for indigents in criminal cases only.

Information: A formal written accusation made by a prosecutor and filed in a court, alleging that a

specified person(s) has committed a specific offense(s). Most criminal actions in Common Pleas Court are

initiated this way.

Injunction: A court order of which there are two types; negative injunctive relief (restraining order) and

positive injunctive relief (an order requiring a person to take some type of positive action). The restraining

order is an order of the court telling a person or persons to "cease and desist" from doing something.

Innocent: 100% not guilty.

Insanity: A defense to the commission of an offense. The defendant must prove by a preponderance of

the evidence (see Burden of Proof) that at the time of the commission of the offense he was laboring under

such defect of reason, from a disease of the mind, as not to know the nature and quality of the act being

done. Or, if the defendant did know the quality of the act, he did not recognize that what he was doing was

wrong. 18 Pa.C.S. Section 314(c)(2), 315.

Intermediate Punishment: A statutorily provided sentencing scheme for specific crimes in which the

sentencing court would otherwise impose a sentence of incarceration.

Interrogation: The questioning of a witness or the accused by the police or by an attorney for the purpose

of obtaining information about a crime.

Investigation: The procedure by which the facts and evidence of a crime are collected, processed, and

assembled for formal presentation in either a criminal complaint or at a trial.

Judicial Officer: Any judge, hearing officer or magisterial district judge.

Jurisdiction: The territory, subject matter, or person over which lawful authority may be exercised.

Jury: A body of 12 persons sworn to render a verdict or true answer on a question or on criminal charges

officially submitted to them. The jury is selected by counsel for the prosecution and defense following “voir

dire” during which jurors are questioned regarding their fitness to serve in a particular case. A defendant

has the right to waive a jury trial in favor of trial by a judge alone. The Commonwealth has the right to

demand a jury trial. There must be a unanimous verdict of guilty or not guilty among 12 jurors. If a trial

results in a "hung" jury, there may be another trial.

Jury Instructions: The legal charge of the court to the jury regarding the relevant law and the manner in

which deliberations are to be conducted.

Jury Selection: The process by which the district attorney and the defendant or the defense attorney

make challenges for cause or peremptory challenges against a prospective panel of jurors. The outcome

of jury selection will be the seating of 12 jurors and possibly a number of alternate jurors to hear the case.

Law Enforcement Agency: A local, state or federal agency charged with the responsibility of carrying out

the duties imposed by the penal laws.

Leading Question: A question posed which indicates a suggested response. For example, “The light was

red, wasn’t it?” is a leading question. “What color was the light?” is a non-leading question. Compare

“Non-leading Question,” supra

Legal Maximum: The longest imposable sentence for any particular crime.

Legal Insanity: See Insanity, supra

Lesser Included Offense: A crime that possesses the same elements of a greater criminal offense

charged and is established by the same set of facts that establish the greater criminal offense.

Magisterial District Judge: An elected member of the minor judiciary. Previously known as “justice of the

peace” and “District Magistrate”, he hears both certain civil cases and all criminal matters which arise within

his jurisdiction, known as a “magisterial district.” In situations involving court cases, the magisterial district

judge will determine whether the crime should be “bound over” for the court of common pleas after hearing

a presentation of the facts. In certain counties, a magisterial district judge will set the defendant’s bail at

the preliminary arraignment.

Magistrate: See

Magisterial District Judge.

Magisterial District: The geographical confines in which a magistrate maintains jurisdiction. A smaller

subdivision of a county or legally recognized subdivision of the State.

Mandatory Sentencing: The minimum sentence that must be imposed upon conviction as established by

the Pennsylvania Legislature for specific crimes.

Manslaughter: Causing the death of another person either unintentionally but because of recklessness or

gross neglect (involuntary or negligent manslaughter) or intentionally but with provocation that a reasonable

person would find extreme (voluntary or non-negligent manslaughter).

Medical records: The documented notes, observations, diagnosis, and prognosis of a victim by medical

personnel. Includes, but not limited to, doctor’s notes, EMT logs from ambulance, triage notes,

victim/patient’s statements made pursuant to medical treatment, and x-rays. A type of corroborating

evidence.

Mens Rea: A guilty mind, the wrongful purpose. The component of a crime that is combined with the

actus reus that comprise the entire crime.

Mentally Ill:

See Guilty but Mentally Ill, supra

Merger: A legal doctrine which holds that a lesser included offense will be subsumed by a greater offense.

Crimes do not merge, or become the same crime, unless (1) the crimes have the same elements (are

lesser included offenses) and (2) the facts of the case are such that the facts which establish one criminal

charge also serve as the basis for the additional criminal charge. A defendant cannot be sentenced for a

crime which merges with another offense.

MIMIC (Motive, Intent, lack of Mistake, Identity, and Common plan, scheme or design): Attorneys and

judges may sometimes refer to this list simply as “MIMIC” to save time. MIMIC is a specific type of

evidence of prior acts of a defendant, which may be admissible in court to prove that a crime, in fact,

occurred. For example, evidence that a defendant used a garden tool to inflict harm on another five times

prior to the current instance giving rise to a criminal charge and prosecution may be admissible at a trial to

show a common plan, scheme, or design. “Every time the defendant beats me he uses a shovel.” See

Pa.R.Crim.P. 405 (b)(2)

Miranda Warning: Miranda v. Arizona

(1) He has the right to remain silent;

, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). A United

States Supreme Court decision which establishes the rule that anyone subjected to custodial police

interrogation must be advised “in clear and unequivocal terms” of the following four rights:

(2) Anything said can and will be used against the individual in court;

(3) He has the right to consult with an attorney and have the attorney present with him during

interrogation;

(4) If he cannot afford an attorney, one will be provided free of cost.

Misdemeanor: An offense usually punishable by fines and/or incarceration in a local confinement facility,

for the period prescribed by statute. Misdemeanors in Pennsylvania may be of the first, second or third

degree. The penalties are as follows: first degree – imprisonment up to five years; fine to $10,000; second

degree – imprisonment up to two years; fine to $5,000; and third degree – imprisonment up to one year;

fine to $2,500.

Mistrial: A legal determination made within the discretion of a trial court that a material defect has

occurred during the course of a trial that would render the ability of the trier of fact to determine a proper

verdict improbable or even impossible. In some instances, the declaration of a mistrial may end the

criminal process in a particular case forever. In others, it may mean that a new jury or a different judge

may re-try the case.

Mitigated Range Sentence: A sentence that departs from the standard range sentence by a sentence of

less time than the standard range sentence by a specified period of months.

Monetary Condition: See Bail, supra

Motion: A verbal or written request made by a party or a party's attorney before, during, or after a trial that

the court issue a rule or an order.

Motion for Judgment of Acquittal: A defense motion made requesting that the court dismiss the criminal

charge(s) based upon the failure of the Commonwealth to produce sufficient evidence of guilt. Previously

termed a “demurrer.”

Motion for Recusal:

See Recusal, supra

Motion to Quash: A request that a court of appropriate jurisdiction declare that certain legal process is

void and of no effect, e.g., a criminal information or subpoena. Used when a subpoena is oppressive or

unreasonable or where a criminal information is legally defective.

Motive: The reason behind a person’s acts which may explain his intent or thoughts when he took a

particular action. Motive is not an essential element to prove that a crime occurred; however, it is very

helpful to a prosecution to prove that a crime occurred.

Murder: Intentionally causing the death of another person without extreme provocation or legal justification

or causing the death of another while committing or attempting to commit a felony.

Newly discovered evidence: Evidence discovered after the trial and not discoverable before trial, despite

the exercise of due diligence.

No Drop Policy: A policy implemented by police and prosecutors that charges will not be dropped or

dismissed by the Commonwealth at a preliminary hearing, despite the victim’s failure to cooperate with the

prosecution.

Nolo Contendere: A defendant's formal answer in court to the charges in which the defendant states that

he does not contest the charges. The nolo contendere plea is not an admission of guilt but carries the

same legal consequences as a guilty plea.

Nol Pros: (Nolle Prosequi) a decision by the prosecutor not to pursue the prosecution of a particular

charge or case. The literal translation means “not to prosecute.”

Nolle prosequi: See

Nol Pros,

supra.

Nominal Bail: See Bail, supra

Non-jury Trial:

See “Bench Trial”, supra

Non-leading Question: A question which does not indicate a suggested answer. For example, “what

color was the light at the intersection?” is non-leading. “The light at the intersection was red, wasn’t it?” is a

leading question. Compare “Leading Question,” supra

Nonmonetary Conditions: See Bail,

supra.

Notes of Testimony: A written transcription of the recorded events of trial.

Not Guilty: A verdict of acquittal by a court or jury. The charges have not been proven beyond a

reasonable doubt. A verdict by a judge or a jury that a person accused of a crime did not commit it or that

not enough evidence exists to prove beyond a reasonable doubt that the accused committed the crime.

Not Guilty Plea: A formal response by a person accused of committing a specific crime in which he

disputes the charges lodged against him.

Notice: A written order to appear in court at a certain time and place.

Nunc Pro Tunc: Literally, “now for then.” Decision by a court to allow a matter to proceed which

technically is beyond the time prescribed. It is typically invoked in cases of appeals filed after the appeal

period has expired where, by virtue of a breakdown in the court system, the ability of a party to file in a

timely manner was prejudiced. A nunc pro tunc order is one used by courts to correct a record. It corrects

a previous judgment or order or is used in cases where the court hears a matter but does not issue a

written order for some time, thereby making it nunc pro tunc, i.e., effective at the time of the hearing as

opposed to the time the judge signed the order.

Objection: An indication made by an attorney before the court that a factual, procedural, evidentiary, or

other legal problem exists with testimony, an exhibit, or other evidence which may prohibit its admission

onto the record.

Offender: An adult who has been convicted of a crime.

Offense: A crime; technically, in some jurisdictions, only the most minor crimes are called offenses.

Offense Gravity Score (“OGS”): A predetermined number between 1 and 14 assigned to a particular

offense by the Pennsylvania Commission on Sentencing based upon its severity. The “OGS” is used in

conjunction with the Prior Record Score (“PRS”) to determine the standard, mitigated and aggravated

range sentences to be given to a criminal defendant in Pennsylvania. The more severe the crime, the

higher the number.

Offense Tracking Number (“OTN”): A number given by a court to each specific case to identify the

defendant, the crime charged, and the respective disposition for all law enforcement agencies.

OGS: See

“Offense Gravity Score,” supra

Omnibus Pre-Trial Motion: Literally means “all inclusive.” See Pre-Trial Motion, supra

Opening Statement: The statement provided by a prosecutor and a defendant or his attorney to a jury

prior to the taking of testimony and exhibits. The prosecutor will generally provide a preview of what the

evidence will be to establish the elements of the crime(s) charged in the information. The defense may

give an opening statement, but may also choose to waive it or reserve it to a point later in the trial.

Overruled: The party making a legal objection is not sustained. The party objecting loses.

Pa.C.S.: See

Pennsylvania Consolidated Statutes.

Pa.C.S.A.: See

Pennsylvania Consolidated Statutes Annotated.

Parole: The conditional release of a convicted offender from a jail or prison before the end of his

maximum sentence based upon requirements for the offender's behavior set and supervised by a parole

agency.

Parole Revocation Hearing: Normally a two-step process. The first step consists of a preliminary

hearing. At the hearing the parolee may present letters, documents and individuals as evidence of his

good behavior during the time of his release. If probable cause is not found, the parolee is released. If

probable cause is found, a final revocation hearing is held to evaluate all the facts and to determine if

parole should be revoked. Sometimes called probation revocation hearing.

Party: A person or entity directly involved in civil or criminal litigation, and may be plaintiff or defendant,

petitioner or respondent. The person who sued or is being sued.

Penal Law: Includes all statutes and embodiments of the common law which establish, create, or define

crimes or offenses, including any ordinances which may provide for imprisonment upon conviction or upon

failure to pay a fine or penalty. Pa.R.Crim.P. 3, 42 Pa.C.S.A.

Pennsylvania Commission on Sentencing: An administrative agency of the Pennsylvania General

Assembly that consists of 11 persons who formulate a set of standard guidelines for the judges of

Pennsylvania to use in every criminal case in Pennsylvania. These 11 persons consist of two members of

the PA House of Representatives, two PA Senators, four judges, a district attorney, a defense attorney, and

a professor of law or a criminologist. Each member serves for a two year term.

Pennsylvania Consolidated Statutes: Abbreviated “Pa.C.S.” Where the crimes code in Pennsylvania is

written.

Pennsylvania Consolidated Statutes Annotated: Abbreviated “Pa.C.S.A.” Where many statutes are

contained. An annotated version provides additional case law cites for the legal propositions and terms

contained in the statute.

Pennsylvania Statutes: Abbreviated “P.S.” Where the “Victim’s Bill of Rights” is contained.

Peremptory Challenge: A limited number of challenges that either the defense or the Commonwealth

may use in selecting a jury for any reason whatsoever, except race, ethnic origin, or gender. Each side is

given 5 peremptory challenges in a misdemeanor case and 7 in a felony case. In a death penalty case

each side is given 20 peremptory challenges.

Perpetrator: A person who has committed a criminal act.

Petitioner: A party or entity seeking some specific remedy or order from a court.

Physical Evidence: Any evidence that is tangible or capable of being seen, held, smelled, or touched.

Tangible evidence used to prove or rebut the existence of a material element of a crime. See also

“Tangible Evidence,” supra

Plaintiff: The person filing the case/claim in a civil proceeding.

Plea: A defendant's formal answer in court to the charge that he committed a crime. In Pennsylvania, a

defendant may plead guilty, not guilty, nolo contendere or guilty but mentally ill.

Plea Bargaining: A n agreement between the prosecutor and the defense attorney that the defendant will

plead guilty to a crime in exchange for some concessions from the State, usually a lesser charge, the

dismissal of other pending charges, or a recommendation by the prosecutor for a reduced sentence. The

judge is not bound by any agreement between the State and defense, but generally will accept their

agreement. Plea bargaining results in a “plea bargain” or “plea negotiation.”

Plea Negotiation: The result of a plea bargaining process or the plea bargain itself. See Plea

Bargaining, supra

Post Conviction Relief Act: Located in Title 42 Pa.C.S. Section 9541, et seq. Commonly referred to as

“PCRA,” it is the statutorily provided source of relief for persons convicted of crimes and presently serving a

sentence for a crime which they did not commit, or for persons serving illegal sentences. It is what is

known as petitioning for collateral relief. A person who requests this type of relief is known as a “petitioner”

under the PCRA.

Precedent: That which came before the present. Case law or common law which is binding or persuasive

law for the present situation.

Preliminary Arraignment: Occurs after formal criminal charges have been brought by a law enforcement

agency. A defendant is advised of the criminal charges being brought against them through a reading of

the complaint by an issuing authority. Bail is set and the defendant is notified of certain rights, including the

right to be represented by counsel. A date for a preliminary hearing is thereafter set. Pa.R.Crim.P. 140, 42

Pa.C.S.A.

Preliminary Hearing: A legal proceeding before a judicial officer in which arguments, witnesses, and/or

evidence are presented to determine if there is sufficient cause to hold the accused for trial. Sometimes

called a probable cause hearing or a pretrial hearing. The burden of proof is on the Commonwealth to

establish a prima facie case. See Burden of Proof,

supra.

Preponderance of the Evidence: Standard of proof which convinces the judge or the jury that the issue

of fact before it is more probable than not. The evidence offered in court to prove an alleged set of facts

must be better in quality and amount, of greater weight, than the evidence in opposition. See Burden of

Proof,

supra.

Pre-Sentence Investigative Report: A document which details the past behavior, family circumstances,

and personality of a convicted adult offender and gives information about the crime he committed. It is

prepared by a probation agency or other authority in order to assist the court in determining the most

appropriate sentence. Such a report must be ordered to be conducted for any defendant who will be

sentenced to one year or longer incarceration, unless waived by a defendant.

Pre-Trial Discovery: The transmission and disclosure of specifics known by the prosecutor to the

defendant and vice-versa. Pre-Trial discovery is to occur within 14 days of formal arraignment. The

prosecution must disclose certain items without fail, including any evidence which is favorable either to guilt

or punishment of the accused. Pa.R.Crim.P. 305, 42 Pa.C.S.A.

Pre-Trial Motions: Also referred to as “Omnibus Pre-Trial Motions.” Any one of several motions that may

be made by either the Commonwealth or the defendant prior to trial and within 30 days after formal

arraignment. Including a motion for a continuance, severance, joinder, and suppression of evidence.

Principal Jurors: The twelve jurors selected that will hear a criminal case and deliberate on its verdict.

Prior Record Score (“PRS”): A number between 1 and 5 assigned by the Pennsylvania Commission on

Sentencing used in conjunction with the Offense Gravity Score (“OGS”) to determine the standard,

mitigated, and aggravated range sentences for a criminal defendant in Pennsylvania. The severity and

total number of prior convictions determines the total Prior Record Score. The higher the number, the more

severe the “PRS.”

Prima Facie: “Upon first look.” The quantity of evidence that must be presented at a preliminary hearing

to have the criminal charges bound over for the court of common pleas. It must appear on a common

sense level that the specific crime has occurred and that the defendant had some hand in the commission

of the crime. See Burden of Proof, supra

Private Criminal Complaint: An accusation of criminal action that one citizen files against another after

obtaining approval by a district attorney.

Privileged Communication: Oral, written, or other communications between individuals which may be

statutorily protected from disclosure to outside parties.

Pro-Arrest Policy: The policy of police to treat domestic violence related crimes as they would any other

crime. No mediation will be done at the scene.

Probable Cause: The degree of proof needed to arrest and begin prosecution against a person suspected

of committing a crime; the evidence must be such that a reasonable person would believe that this specific

crime was committed and that it is probable that the person being accused committed it.

Probable Cause Hearing: See “Preliminary Hearing”, supra

Probation: Conditional freedom, instead of confinement to jail or prison, granted to an offender by the

court after conviction or a guilty plea with requirements for the offender's behavior set and supervised by

the court.

Probation Revocation Hearing: See parole revocation hearing.

Pro Bono: Literally, for the good. When an attorney takes a case, agreeing to represent the party for free.

Prompt Complaint: Prompt reporting to public authority is not required in a prosecution under this

chapter: Provided, however, that nothing in this section shall be construed to prohibit a defendant from

introducing evidence of the complainant’s failure to promptly report the crime if such evidence would be

admissible pursuant to the rules of evidence. 18 Pa.C.S. §3105.

Pro Se: Acting as one's own attorney in any legal proceedings; representing oneself.

Prosecutor: An attorney for the county employed by a government agency to represent the interests of

the general public, and to initiate and maintain criminal proceedings on behalf of the government against

persons accused of committing criminal offenses.

Protection From Abuse- Commonly referred to as a “PFA.” A civil remedy prescribed by Title 23 Chapter

61. A civil remedy in the nature of an injunction prohibiting a respondent from approaching a petitioner.

Available to family, household members, sexual or intimate partners or persons who share biological

parenthood.

PRS: See “Prior Record Score”,

supra.

P.S.: See

Pennsylvania Statutes.

Public Defender: An attorney employed by a government agency or subdivision, whose official duty is to

represent criminal defendants unable to hire their own lawyers.

Purge: The complete removal of arrest, criminal or juvenile record information from a given records

system.

Qualified Restrictive Intermediate Punishment: One of three sentencing alternatives under the

Intermediate Punishment sentencing scheme. It may include residential inpatient drug and alcohol

treatment, house arrest, and electronic monitoring.

Rape: Usually refers specifically to unlawful sexual intercourse or attempted sexual intercourse by a male

with a female by force or without legal or factual consent.

Rap Sheet: The individual’s criminal history record.

Reasonable Doubt: See “Burden of Proof”,

supra.

Rebuttal: Evidence or argument used to refute or oppose what has already been said during the case-in-

chief.

Recess: A call by the judge for a halt in the proceedings during the court session, as a rest period or a

time to deal with trial matters outside the hearing of the jury.

Recidivism: The repetition of criminal behavior; habitual criminality.

Record: The written, documented and historical presentation of each and every aspect of a case. The

record may include, but is not limited to, the criminal complaint, probable cause affidavit, bail papers,

magisterial district judge transcript, preliminary hearing transcript, pre-trial hearing transcript, pre-trial

motions, trial transcript, post-trial motions, pleadings, petitions and other documents filed on the behalf of

the defendant or the Commonwealth. Saying that something is “part of the record” means that the aspect

referred to has become a part of the documented history of that particular case. See also

“Criminal

record.”

Recusal: The exclusion of a particular judge from a case due to prior knowledge or circumstances which

make the judge unable to remain fair and impartial.

Re-filing: The charges which have been dismissed before an issuing authority will be recommenced

before the same issuing authority or an alternate issuing authority.

Refresh Recollection or Recollection Refreshed: Pa.R.E. 612 allows for a witness’ memory of an

incident for which they are testifying to be aided by a writing or other item. This includes a prior statement

made by the witness.

Respondent: The party or entity that is answering or defending against the request or claim made by a

petitioner to the court.

Restitution: A monetary or non-monetary commitment on the part of the offender pursuant to a court

order or other agreement whereby the victim or community is compensated for a loss arising out of the

actions of the offender. Restitution is a mandatory component of every sentence.

Restorative Sanctions (RS): Non-confinement sentencing alternatives. Includes mandatory restitution,

fines, probation, and determination of guilt without further penalty. 204 Pa.Code Section 303.9(f).

Restraining Order: See Injunction.

Restrictive Intermediate Punishment: Programs used with an intermediate punishment sentencing

scheme which may (1) house the defendant full or part time; (2) decrease and restrict the defendant’s

movement; (3) monitor compliance with the court’s sentence; (4) involve a combination of the programs

that meet the previously stated standards. 204 Pa.Code Section 303.12(a).

Reversed: A decision, judgment or order by a court that is determined to be legally infirm and is set aside

by an appellate court.

Revocation Hearing: See Parole Revocation Hearing.

ROR: Stands for “Released on Own Recognizance.” See Bail,

supra.

Search Warrant: A document issued by a judicial officer which directs a law enforcement officer to

conduct a search for specified property or persons at a specific location, to seize the property or persons, if

found, and to account for the results. The items identified in the warrant must have been used in the

commission of a crime.

Sentence: The punishment or penalty imposed by the court on a person convicted of a crime. May

include probation, fines, incarceration and/or restitution.

Sentencing: The announcement of a sentence on the record by a court. Sentencing is to occur within 60

days of a finding of guilt, absent cause.

Sequester: Witnesses in trials and jurors may be sequestered. Witnesses are only brought into the

courtroom to testify and cannot hear other testimony or the general proceedings. Jurors are not allowed to

hear news reports or information on the case outside of the trial.

Sequestration Order: See Sequester, supra

. The court’s order directing material witnesses to be

removed from the courtroom during the course of another witness’ testimony.

Sexual Assault: Broadly, any sexual act or attempted sexual act in which the victim is forced to participate

by the threat or use of force.

Sidebar: A conference between the lawyers and the judge held in a courtroom outside the earshot of a

jury. A “sidebar” typically occurs at the judge’s bench.

Sovereign Immunity: A legal theory which prevents the filing of a civil suit against the government (or any

government agency) without its consent if the injury was caused by the government acting in its capacity as

the government.

Standard Range Sentence: Referring to a predetermined range of months to be given a convicted

criminal defendant in the minimum by a sentencing court. The standard range is computed by calculating

the prior record score, determining the offense gravity score of the current offense and cross indexing these

two numbers on a standard sentencing matrix to arrive a set range of months to be given a convict in the

minimum.

State's Attorney: See prosecutor.

State Parole Supervision: The parole supervision placed upon a defendant when the maximum term of

incarceration meets or exceeds 24 months.

Statute of Limitations: A period of time, set by law, after which civil cases and criminal prosecutions

cannot be brought.

Stay: A halt in a judicial proceeding where, by its order, all judicial action ceases until some specific event

occurs.

Stenographer: See “Court Reporter,” supra

Subpoena: A written order by a judicial officer requiring a named individual to appear in a designated

court at a specific time and place in order to serve as a witness in a case or to bring material to the court.

(If the witness is to bring material, it is usually called a "subpoena duces tecum".)

Sufficiency: Adequate, enough. A legal term used to describe the amount of evidence necessary to

sustain a burden of proof. For example, in order to sustain a verdict of guilty, the Commonwealth must

produce enough evidence such that a trier of fact may find each element of every offense has been proven

beyond a reasonable doubt.

Summons: A written order issued by a judicial officer requiring a person accused of a criminal offense to

appear in a designated court at a specified time to answer to the charge(s).

Superior Court: The first level appellate court in Pennsylvania. The Superior Court has judges that sit on

panels in three areas in the Commonwealth- Eastern, Middle, and Western districts. The Superior Court

handles appeals from judgments or orders from the court of common pleas.

Suppression of Evidence: A legal determination made by a judge of the court of common pleas that a

particular statement, physical evidence, or other inculpatory item, will not be admissible during the

Commonwealth’s case-in-chief as a remedy for some illegal or unconstitutional action on behalf of a

member of a law enforcement agency.

Supreme Court: The highest level appellate court in Pennsylvania. The Supreme Court has 9 justices

that hear cases on appeal from the Superior Court and direct appeals in death penalty cases from the

courts of common pleas.

Surrebuttal: Testimony or evidence introduced to refute evidence introduced during rebuttal.

Suspect: A person who is believed by criminal justice officials to have committed a specific crime but who

has not been arrested or formally charged.

Suspended Sentence: A court decision to postpone the pronouncement of sentence on a convicted

person or to postpone the execution of a sentence that has been pronounced by the court.

Sustained: The legal objection made by a party is upheld. The party objecting wins.

Tangible Objects: See “Physical Evidence,” supra

Temporary Restraining Order: See Injunction.

Testimony: Statements made in court by witnesses or parties who have sworn to tell the truth.

“Time Served”: Refers to the period of incarceration an individual has served including time incarcerated

in default of bail while awaiting disposition of charges as well as post-sentence incarceration. Such time is

credited to the total amount of incarceration time to which a convicted person is sentenced.

Tort: A private wrong, which may be the basis of a civil suit filed by the victim (or her estate) against the

perpetrator.

Transcript: The certified record of all relevant matters occurring in court. The transcript from an issuing

authority includes a copy of the criminal complaint, bail matters, summons or arrest warrant and its return,

and all affidavits. The transcript from a court of common pleas will additionally include a stenographic

recording of all matters contained on the record.

Trial: A hearing before a judge, or a judge and jury where issues of fact and law and evidence are

presented to determine whether an accused person is guilty of committing a specific crime. The trial

concludes when a verdict is reached or the case is dismissed.

Trial Court: In Pennsylvania this is the court of common pleas.

Unanimous: All of the same mind. All persons agree. The verdict in a criminal case must be unanimous

among the 12 jurors.

United States Supreme Court: The highest court in the United States. There is only one U.S. Supreme

Court comprised of 9 justices.

Unsecured Bail: See Bail,

supra.

Vacate: To set aside. An order which has been vacated is void.

Venire: A list of persons summoned to appear as prospective jurors.

Venue: The geographical area from which the jury is drawn and in which the trial is held in a criminal

action.

Verdict: The decision made by the jury in a jury trial, or by a judge in a bench trial after full deliberation on

the facts. The fact finder may find that a defendant is either “guilty” or “not guilty” of the offense(s) for which

he has been tried. In Pennsylvania, judges and juries may also return verdicts of “guilty but mentally ill” or

“not guilty by reason of insanity” in cases where the insanity defense has been raised.

Victim: Any person against whom a crime has been committed.

Victim Impact Statement: A written or oral communication provided to a court for consideration as to the

appropriate sentence to be imposed to a defendant. A victim is statutorily granted the right to appear

before a court and provide such a statement for a court’s consideration. 42 Pa.C.S. Section 9738.

Victim’s Bill of Rights: Established by the Pennsylvania Legislature, cited at 18 P.S. §11.201.

Voir Dire: A French phrase that means “to see and to say.” The method by which the district attorney and

the defendant or the defense attorney will ask questions of the prospective jury panel to determine if any of

the jurors have any biases or hostilities toward either party. The ultimate goal is to make sure all jurors

seated to hear the case will remain fair and impartial.

Waiver: The surrendering of a legally established right.

Waiver Trial: See “Bench Trial”, supra

Warrant: A document issued by a judicial authority which commands a law enforcement agency to secure

the person stated in the document for appearance before the court. An arrest warrant may not be issued

unless there is probable cause supported by one or more affidavits sworn before an issuing authority.

Weight of the Evidence: A claim made by a defendant on appeal that the jury’s verdict was so contrary to

the evidence adduced at trial that it shocks one’s sense of fairness.

Witness: A person who has directly seen an event, such as a crime, or thing, such as a piece of physical

evidence, or who has other knowledge that is related to a court case.

Witness Qualifications: All witnesses are presumed to be competent to testify. Four basic qualifications

are necessary for a witness to supply competent testimony: (1) Comprehend the duty to tell the truth; (2)

Perception of the events in question; (3) Recall the events in question; (4) Ability to communicate the facts.

Work Release: A sentence imposed by a court which entails partial confinement in a secure facility from

which the defendant may work or attend an educational institution.

Writ of mandamus: An order from a court requiring an official to perform an act which that official is

required by law to perform.

Writ of prohibition: An order by the court requiring a lower court or a public official over whom the court

has jurisdiction to refrain from exceeding or usurping jurisdiction (as it relates to courts) or to refrain from

performing an act which exceeds the official's statutory authority.

GLOSSARY OF CASES

Note to Index:

“Com” stands for “Commonwealth”

“Pa.” is the abbreviated citation for the Pennsylvania Supreme Court Reporter

“Pa.Super.” is the abbreviated citation for the Pennsylvania Superior Court Reporter

“U.S.” is the abbreviated citation for the United States Reporter

“S.Ct.” is the abbreviated citation for the United States Supreme Court Reporter

“L.Ed.2d” is the abbreviated citation for the Lawyer’s Edition, Second

“L.Ed.3d” is the abbreviated citation for the Lawyer’s Edition, Third

“A. 2d” is the abbreviated citation for the Atlantic Reporter, Second

Apprendi v. New Jersey

, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000): A United States

Supreme Court case which requires that any fact that increases the maximum penalty for a crime must be

(1) charged in the information; and (2) submitted to a jury; and (3) proven beyond a reasonable doubt.

Batson v. Kentucky

, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986): A United States Supreme Court

case which sets forth the rule of law that peremptory challenges may not be utilized to strike potential jurors

on the basis of race or gender.

Brady v. Maryland

, 373 U.S. 83 (1963): A United States Supreme Court case that establishes the rule

that the prosecution must disclose all evidence in its possession that is either material to the guilt or

innocence of the accused.

Com v. Brown

, 538 Pa. 410, 648 A.2d 1177, 1189 (1994): A Pennsylvania Supreme Court case which

sets forth the rule of law regarding “weight of the evidence.” (See Outline at “Appeal”). The weight of the

evidence is a legal claim made by a defendant on appeal that the “jury’s verdict was so contrary to the

evidence as to shock one’s sense of justice and the award of a new trial is imperative so that right may be

given another opportunity to prevail.”

Com v. Henderson,

275 Pa.Super. 350, 418 A.2d 757 (1980): A Pennsylvania Superior Court case which

sets forth the rule of law that a defendant may be removed from a courtroom for disruptive behavior,

notwithstanding his right to be present during all proceedings.

Com v. Payton

, 449 Pa.Super. 108, 673 A.2d 361 (1996): A Pennsylvania Superior Court case that sets

forth the legal principle that a concomitant feature of Commonwealth due diligence pursuant to

Pa.R.Crim.P. 1100 (speedy trial) is to have an established case tracking system within the district

attorney’s office for every criminal case filed on complaint.

Com v. Pierce

, 515 Pa. 153, 527 A.2d 973 (1987): A Pennsylvania Supreme Court case that sets forth

the standard governing the determination of attorney ineffectiveness under the Post Conviction Relief Act.

In order for an attorney to be deemed ineffective the following three (3) tests must be met by the petitioner

by a preponderance of the evidence: (1) Is there arguable merit to the claim that counsel’s performance

was substandard or deficient?; (2) Was there some reasonable basis for counsel’s action or inaction

designed to effectuate the petitioner’s interests at trial?; and (3) Did the alleged defect in counsel’s

representation cause actual prejudice such that the truth-determining process was rendered unreliable?

Com v. Smith

, 545 Pa. 487, 681 A.2d 1281 (1996): A Pennsylvania Supreme Court case which

establishes the rule of law that the medical treatment exception to the hearsay rule does not extend to

statements made by a child during a medical examination as to the identity of an alleged abuser.

Com v. Wilson

, ___ Pa. ___, 707 A.2d 1114 (1998): A Pennsylvania Supreme Court case which

establishes the rule of law that prior inconsistent statements of a non-party witness may be admissible as

substantive evidence. In order to be admitted, the statement must be either: (1) electronically recorded; (2)

written by the declarant; (3) written by another but signed or otherwise adopted by the declarant; or (4)

given under oath at a formal legal proceeding. A written statement that is contemporaneously recorded by

another and not signed or otherwise adopted by the party speaking is not admissible as substantive

evidence.

Gagnon v. Scarpelli

, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973): A United States Supreme

Court decision that sets forth the minimum procedural due process rights to be accorded to a

probationer/parolee upon initiation of revocation proceedings. There must be two separate and distinct

hearings. The first, known as a “Gagnon I hearing,” is where the government must establish that there is

probable cause that the probationer/parolee committed the noticed violation. The second, a “Gagnon II

hearing,” is where the government must establish by a preponderance of the evidence that the noticed

violation occurred.

Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972): A United States Supreme

Court case that grants certain minimum rights to probationers/parolees facing revocation of their state or

county probation/parole sentences.

See Gagnon v. Scarpelli,

supra.