NALA ACP Criminal Litigation key terms

A formal written accusation charging a person with a serious criminal offence, typically presented to a court and containing the statement of offence and particulars of the conduct alleged.

A sworn written statement charging a person with an offence, often used for less serious offences or as the basis for a warrant, distinct from an indictment.

A court hearing at which the defendant is formally called before the court, informed of the charges, and asked to enter a plea of guilty, not guilty, or other permitted plea.

The defendant's formal response to a criminal charge, such as guilty, not guilty, or a plea of nolo contendere where permitted, which determines whether the case proceeds to trial.

An agreement between the prosecution and the defence in which the defendant agrees to plead guilty, often to a lesser charge, in exchange for a concession such as a reduced sentence or dismissal of other charges.

The pretrial process by which each party obtains evidence and information from the other, including witness statements, documents, and physical evidence, to prepare for trial.

The prosecution's constitutional obligation to disclose to the defence any material exculpatory evidence in its possession, including evidence that impeaches prosecution witnesses.

The documented chronological record of who handled physical evidence, when, and for what purpose, used to establish that the evidence has not been altered or tampered with.

A pretrial request asking the court to exclude evidence from trial because it was obtained in violation of the defendant's constitutional or statutory rights, such as through an unlawful search.

The legal principle that evidence obtained by government agents in violation of the defendant's constitutional rights, such as the right against unreasonable searches, cannot be used against the defendant at trial.

The doctrine that evidence derived from an original illegal act, such as an unlawful search, is also inadmissible unless an exception applies, because it is tainted by the initial violation.

A reasonable belief, based on specific facts and circumstances, that a crime has been, is being, or will be committed, or that evidence of a crime will be found in a particular place.

A particularized and objective basis, supported by specific facts, for suspecting that a person has been, is, or is about to be engaged in criminal activity, justifying a brief investigative stop.

A written court order authorizing law enforcement to take a specific action, such as conducting a search, making an arrest, or seizing property, typically based on probable cause.

A written statement of facts sworn to or affirmed before a person authorized to administer oaths, often used to support an application for a search or arrest warrant.

A brief detention of a person by law enforcement based on reasonable suspicion of criminal activity, during which the officer may conduct a limited pat-down for weapons if safety concerns exist.

The set of rights that law enforcement must recite to a suspect before custodial interrogation, including the right to remain silent, the right to counsel, and the warning that statements may be used against them.

Questioning by law enforcement of a suspect who is in custody or otherwise deprived of freedom in a significant way, triggering the requirement for Miranda warnings.

The voluntary and knowing relinquishment of a known right, such as the right to remain silent or the right to counsel, often required before custodial statements are admissible.

The temporary release of an accused person from custody, often upon conditions or payment of security, to ensure their appearance at future court proceedings.

The confinement of a defendant in custody before trial, typically because they are denied bail or cannot meet bail conditions, based on risk of flight or danger to the community.

A defendant's mental capacity to understand the nature of the proceedings and to assist counsel in their defence, which must be present for the case to proceed to trial.

A defense asserting that the defendant was suffering from a severe mental disease or defect at the time of the offence and therefore lacked the capacity to appreciate the wrongfulness of their conduct or conform to the law.

The obligation of a party to prove a disputed fact or claim to the required standard, such as beyond a reasonable doubt for the prosecution in a criminal trial.

The highest standard of proof in criminal cases, requiring the prosecution to convince the fact-finder that there is no plausible reason to doubt the defendant's guilt based on the evidence.

The fundamental principle that a person accused of a crime is considered innocent until proven guilty by competent evidence at trial, placing the burden on the prosecution.

An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible unless it falls within an exception such as excited utterance or business records.

The constitutional right of a criminal defendant to confront and cross-examine the witnesses against them, which limits the admission of testimonial hearsay without an opportunity for cross-examination.

The questioning of a witness by the opposing party after direct examination, aimed at testing the witness's credibility, clarifying testimony, and eliciting favorable facts.

The initial questioning of a witness by the party who called them, intended to elicit the witness's account of relevant facts without leading questions in most circumstances.

The process of questioning prospective jurors to determine their qualifications, biases, and suitability to serve on a jury, often including challenges for cause and peremptory challenges.

A limited right of each party to remove a prospective juror without stating a reason, subject to constitutional limits prohibiting exclusion based on race, ethnicity, or sex.

The judge's directions to the jury before deliberations, explaining the applicable law, the elements of the offences charged, and the standards for evaluating evidence.

The formal decision of a jury or judge on the factual issues of a case, typically guilty or not guilty, which is announced in court and recorded.

The phase of a criminal case in which the court imposes a penalty on a convicted defendant, considering statutory ranges, guidelines, aggravating and mitigating factors, and the defendant's circumstances.

A request to a higher court to review and reverse a lower court's decision, typically based on claims of legal error, such as improper admission of evidence or incorrect jury instructions.

The constitutional protection that prevents a person from being prosecuted or punished twice for the same offence after an acquittal or conviction, with limited exceptions.

Any information, testimony, document, or physical item presented at trial to prove or disprove a fact in issue, subject to rules of admissibility.

A formal allegation, often sworn, that a person has committed an offence, which may initiate criminal proceedings or support an application for an arrest warrant.