Adjudication
The act of a court in making an order, judgment, or decree.
Appellate Courts
Any court of law that is empowered to hear an appeal of a trial court or other lower
tribunal.
Assigned counsel
The appointment from a list of private bar members who accept cases on a judge-by-
judge, court-by-court, or case-by-case basis. This may include an administrative
component and a set of rules and guidelines governing the appointment and processing of
cases handled by the private bar members.
Bench trial (nonjury trial)
A trial held in the absence of a
jury and decided by a judge culminating in a judgment for
the plaintiff(s) or defendant(s).
Capital cases
Crimes that can result in a death penalty.
Contract attorneys
Nonsalaried private attorneys, bar associations, law firms, consortiums or groups of
attorneys, or nonprofit corporations that contract with a funding source to provide
court-appointed representation in a jurisdiction.
Contract cases (contracts)
Cases that include all allegations of breach of
contract.
Court security
An integrated approach to the judicial process that ensures the integrity and safety of
the court system and its participants. This is achieved by effectively evaluating,
planning and pro-actively managing threats and potential threats directed toward the
court system.
Criminal History Record Information (CHRI) or Criminal History Record Information System
A record (or the system maintaining such records) that includes individual identifiers
and describes an individual's arrests and subsequent dispositions. Criminal history
records do not include intelligence or investigative data or sociological data such as
drug use history. CHRI systems usually include information on juveniles if they are
tried as adults in criminal courts.
Most, however, do not include data describing involvement of an individual in the
juvenile justice system. All data in CHRI systems are usually backed by fingerprints
of the record subjects to provide positive identification. State legislation varies
concerning disclosure of criminal history records for noncriminal justice purposes.
Defendant
Any party who is required to answer the complaint of a plaintiff or pursuer in a civil
lawsuit before a court, or any party who has been formally charged or accused of
violating a criminal statute.
Domestic violence
Refers to violence between spouses, or spousal abuse but can also include cohabitants
and non-married intimate partners.
Drug court
Specialized courts designed to handle cases involving offenders who abuse addictive
substances.
Drug offenses
Drug trafficking C Includes trafficking,
sales, distribution, possession with
intent to distribute or sell, manufacturing,
and smuggling of controlled
substances. Does not include possession
of controlled substances.
Other drug offenses C Includes
possession of controlled substances,
prescription violations, possession of
drug paraphernalia, and other drug law
violations.
Family court
A court, usually with a limited jurisdiction, that handles legal cases involving a
family, especially controversies between parent and child or husband and wife.
Federal court
A court established by the federal government and having jurisdiction over questions of
federal law.
Felony or Serious Misdemeanor
The category of offenses for which fingerprints and criminal history information are
accepted by the FBI and entered in the Bureau's files, including the III system.
Serious misdemeanor is defined to exclude certain minor offenses, such as drunkenness
or minor traffic offenses.
Indian country jails
Indian country adult and juvenile detention centers, jails, and other correctional
facilities operated by tribal authorities or the Bureau of Indian Affairs (BIA), U.S.
Department of the Interior.
Jail inmates
Jail inmates are offenders confined in short-term facilities that are usually
administered by a local law enforcement agency and that are intended for adults but
sometimes hold juveniles before or after adjudication. Jail inmates usually have a
sentence of less than 1 year or are being held pending a trial, awaiting sentencing,
or
awaiting transfer to other facilities after a conviction.
Judicial selection
Selection system involves a nonpartisan commission that reviews the qualifications of
applicants for judicial office.
Jury trial
A trial held before and decided by a group of laypersons
selected according to the law presided over by a
judge culminating in a verdict for the plaintiff(s) and/or
defendant(s). Unless noted, the term jury trial includes trials
with a directed verdict, judgment not withstanding the
verdict (JNOV), and jury trials for defaulted defendants
Justice functions
Include three primary categories: police protection, judicial and legal services, and
corrections for both justice expenditures and employment variables.
Juvenile Justice Record
Official records of juvenile justice adjudications. Most adult criminal history record
systems do not accept such records, which are frequently not supported by fingerprints
and which usually are confidential under State law. Pursuant to an order dated July
15, 1992, the FBI now accepts, and will disseminate, juvenile records on the same
basis as adult records. States, however, are not required to submit such records to
the FBI.
Legal motion
A procedural device in law to bring a limited, contested issue before a court for
decision.
Malpractice
Failure of a professional person, as a physician or lawyer, to render proper services
through reprehensible ignorance or negligence or through criminal intent, esp. when
injury or loss follows.
Mental health court
Specialized court dockets that provide community treatment and supervision in lieu of
incarceration for criminal offenders with mental illness.
NCIC Protection Order File
The NCIC Protection Order File contains court orders that are issued to help law
enforcement prevent acts of domestic violence against a person or to prevent a person
from stalking, intimidating, or harassing another person. Orders are issued by both
civil and criminal state courts.
Other type of release
Emergency release C Defendants are
released in response to a court order
placing limits on a jails population
Other types of release
Emergency release C Defendants are
released in response to a court order
placing limits on a jail's population
Property offenses
Burglary C Includes any type of entry
into a residence, industry, or business
with or without the use of force with the
intent to commit a felony or theft.
Does not include possession of
burglary tools, trespassing, or unlawful
entry for which the intent is not known.
Larceny/theft C Includes grand theft,
grand larceny, and any other felony
theft, including burglary from an
automobile, theft of rental property,
and mail theft. Does not include motor
vehicle theft, receiving or buying stolen
property, fraud, forgery, or deceit.
Motor vehicle theft C Includes auto
theft, conversion of an automobile,
receiving and transferring an automobile,
unauthorized use of a vehicle,
possession of a stolen vehicle, and
larceny or taking of an automobile.
Forgery C Includes forging of a driver's
license, official seals, notes, money
orders, credit or access cards or names
of such cards or any other documents
with fraudulent intent, uttering a forged
instrument, counterfeiting, and forgery.
Fraud C Includes possession and
passing of worthless checks or money
orders, possession of false documents
or identification, embezzlement,
obtaining money by false pretenses,
credit card fraud, welfare fraud,
Medicare fraud, insurance claim fraud,
fraud, swindling, stealing a thing of
value by deceit, and larceny by check.
Other property offenses C Includes
receiving or buying stolen property,
arson, reckless burning, damage to
property, criminal mischief, vandalism,
criminal trespassing, possession of
burglary tools, and unlawful entry for
which the interest is unknown.
Prosecution and legal services
Includes the civil and criminal justice activities of the attorneys general, district
attorneys, State's attorneys (and their variously named equivalents), and corporation
counsels, solicitors, and legal departments with various names.
Public defender
A salaried staff of full-time or part-time attorneys that renders indigent criminal
defense services through a public or private nonprofit organization, or as direct
government paid employees.
Public defense
Legal counsel and representation in either criminal or civil proceedings as provided by
public defenders and other government programs that pay the fees of court-appointed
counsel.
Public-order offenses
Weapons C Includes the unlawful sale,
distribution, manufacture, alteration,
transportation, possession, or use of a
deadly weapon or accessory.
Driving-related C Includes driving
under the influence of drugs or alcohol,
driving with a suspended or revoked
license, and any other felony in the
motor vehicle code.
Other public-order offenses C Includes
flight/escape, parole or probation violations,
prison contraband, habitual
offender, obstruction of justice, rioting,
libel, slander, treason, perjury, prostitution,
pandering, bribery, and tax law
violations.
Released defendant C Includes any
defendant who was released from
custody prior to the disposition of his or
her case by the court. Includes defendants
who were detained for some
period of time before being released
and defendants who were returned to
custody after being released because
of a violation of the conditions of
pretrial release. The terms "on pretrial
release" and "released pending disposition"
are both used in this report to
refer to all released defendants.
Detained defendant C Includes any
defendant who remained in custody
from the time of arrest until the disposition
of his or her case by the court.
This report also refers to detained
defendants as "not released."
Failure to appear C Occurs when a
court issues a bench warrant for a
defendant's arrest because he or she
missed a scheduled court appearance.
Real property cases
Cases concerning ownership or division of
real property (excluding mortgage foreclosures which are
included under contracts).
Sentencing
Final act of a judge-ruled process, and also the symbolic principal act connected to
his function. The sentence generally involves a decree of imprisonment, a fine and/or
other punishments against a defendant convicted of a crime.
Tort cases (torts)
Claims arising from personal injury or property damage
caused by negligent or intentional acts of another person
or business.
Torts
A wrongful act, not including a breach of contract or trust, that results in injury to
another's person, property, reputation, or the like, and for which the injured party is
entitled to compensation.
Trial court
The court in which a controversy is first adjudicated.
Tribal court
As defined in the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (PL
106-559), the term tribal court, tribal court system, or tribal justice system
means the entire judicial branch, and employees thereof, of an Indian tribe,
including, but not limited to, traditional methods and for a for dispute resolution,
trial courts, appellate courts, including inter-tribal appellate courts, alternative
dispute resolution systems, and circuit rider systems, established by inherent
tribunal authority whether or not they constitute a court of record.
Types of financial release
Surety bond C A bail bond company
signs a promissory note to the court for
the full bail amount and charges the
defendant a fee for the service (usually
10% of the full bail amount). If the
defendant fails to appear, the bond
company is liable to the court for the
full bail amount. Frequently the bond
company requires collateral from the
defendant in addition to the fee.
Deposit bond C The defendant deposits
a percentage (usually 10%) of the
full bail amount with the court. The
percentage of the bail is returned after
the disposition of the case, but the
court often retains a small portion for
administrative costs. If the defendant
fails to appear in court, he or she is
liable to the court for the full bail
amount.
Full cash bond C The defendant posts
the full bail amount in cash with the
court. If the defendant makes all court
appearances, the cash is returned. If
the defendant fails to appear in court,
the bond is forfeited.
Property bond C Involves an agreement
made by a defendant as a condition
of pretrial release requiring that
property valued at the full bail amount
be posted as an assurance of his or
her appearance in court. If the defendant
fails to appear in court, the
property is forfeited. Also known as
"collateral bond."
Types of nonfinancial release
Release on recognizance (ROR) C
The court releases the defendant on a
signed agreement that he or she will
appear in court as required. In this
report, the ROR category includes
citation releases in which arrestees are
released pending their first court
appearance on a written order issued
by law enforcement or jail personnel.
Unsecured bond C The defendant
pays no money to the court but is liable
for the full amount of bail should he
or she fail to appear in court.
Conditional release C Defendants are
released under specified conditions.
Monitoring or supervision, if required,
is usually done by a pretrial services
agency. In some cases, such as those
involving a third-party custodian or
drug monitoring and treatment,
another agency may be involved in the
supervision of the defendant. Conditional
release sometimes includes an
unsecured bond.
Violent offenses
Murder C Includes homicide, nonnegligent
manslaughter, and voluntary
homicide. Excludes attempted murder
(classified as felony assault), negligent
homicide, involuntary homicide, or
vehicular manslaughter, which are
classified as other violent offenses.
Rape C Includes forcible intercourse,
sodomy, or penetration with a foreign
object. Does not include statutory rape
or nonforcible acts with a minor or
someone unable to give legal consent,
nonviolent sexual offenses, or
commercialized sex offenses.
Robbery C Includes unlawful taking of
anything of value by force or threat of
force. Includes armed, unarmed, and
aggravated robbery, car-jacking,
armed burglary, and armed mugging.
Assault C Includes aggravated assault,
aggravated battery, attempted murder,
assault with a deadly weapon, felony
assault or battery on a law enforcement
officer, and other felony assaults.
Does not include extortion, coercion,
or intimidation.
Other violent offenses C Includes
vehicular manslaughter, involuntary
manslaughter, negligent or reckless
homicide, nonviolent or non-forcible
sexual assault, kidnapping, unlawful
imprisonment, child or spouse abuse,
cruelty to a child, reckless endangerment,
hit-and-run with bodily injury,
intimidation, and extortion.