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21 Nov 2009

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	General Terms (G-P)

Article G

Georgia 1 st Offender Act
O.C.G.A. $ 42-8-62 (In Part) …Upon fulfillment of the terms of
probation, upon release by the court prior to the
termination of the period thereof, or upon release
from confinement, the defendant shall be discharged
without court adjudication of guilt. The discharge
shall completely exonerate the defendant of any
criminal purpose and shall not affect any of his civil
rights or liberties and the defendant shall not be
considered to have a criminal conviction.
Grand Jury A body of persons with the authority to investigate
and accuse, but not to try cases. The grand jury will
listen to and review evidence to see if it there are
sufficient grounds to bring an individual to trial.
Grand Larceny The theft of property over a specified value. Dollar
amounts vary by state.
Gross Flagrant, out of measure.
Gross Misdemeanor Serious misdemeanor.
Guilt/Guilty Final disposition. Having committed a crime.

H

Habeas Corpus A writ requesting a trial or the release of a prisoner.
Habitual Violator To have committed the same offence three times.Can also be harged as a habitual offender.
Hijacking To take control of a vehicle by intimidation, force or threatened force. Also, the theft of goods while in transit, as when transported in trucks.
Homicide The killing of another human being. “Justifiable homicide” occurs in cases such as during the enforcement of law, and/or occurs without evil intent. “Excusable homicide” may occur by accident or in self-defense. “Felonious homicide” is the killing of another without justification. This type has two degrees – manslaughter and murder,
depending on circumstances or intent. See Manslaughter; Murder.
Hung Jury A hung jury is one in which all jurors cannot reach a consensus required for a verdict.

I

Illicit Prohibited or unlawful.
Incendiary One who intentionally set fires. Arsonist.
Incorrigible One who is incapable of reform.
Indictment A formal, written accusation made by the grand jury.
Infraction Violation of local ordinance or state statute usually resulting in a fine or limited period of incarceration. Term usually used in traffic offenses.
Injunction A court order which prohibits a person from doing a specified act for a specified period of time.
Intent The frame of mind or attitude of the person at the time an act was committed. See Culpability.
Intoxicate, Intoxication Reduction of physical or mental capabilities caused by the ingestion of an intoxicating substance such as alcohol or drugs.
Involuntary Dismissal Dismissed due to lack of prosecution or lack of evidence.

J Judgment The final decision of the court regarding a claim or
case.
Jurisdiction The power of a court to question facts, apply law,
make decisions and judgments.

K

Kidnapping Taking and carrying away a person by force, fraud,
threats or intimidation. Unlawfully confining a
person for a substantial period of time in an isolated
place.

L Larceny The unlawful taking of another person’s property.
Larceny is commonly classified as “petty” or
“grand” depending on the value of the property.Dollar values to establish classifications of “petty”
and “grand” may vary from state to state.
Legal Malice An act, committed without just cause or excuse,
intended to inflict harm or cause death.
Lewd and Lascivious Obscene, indecent.
Libel Defamation of another person through print,
pictures, or signs.
Lis Pendens A pending suit.

M Magistrate Public officials, including judicial officers who have limited jurisdiction in criminal cases and civil causes.
Mail Fraud The use of the mail system to commit a fraud.
Malice Aforethought Planning to commit an unlawful act without just cause or excuse.
Manslaughter The unpremeditated killing of a person. Can be voluntary or involuntary, determined by circumstances. The feature distinguishing
involuntary manslaughter from voluntary is the absence of intent to cause death or commit an act that might be expected to produce death or harm. Voluntary manslaughter is homicide that is committed during an act in the heat of passion.
Mayhem The intentional infliction of injury on another which causes amputation, disfigurement or impairs the function of any part of the body.
Mistrial A trial which is terminated or declared invalid. Reasons for mistrial include misconduct on the part of the jury, defense team or the court, or illness on the part of the judge, jury or defendant. May be followed by a retrial on the same charges.
Murder Unlawful killing with malice aforethought. Murder is willful, deliberate and premeditated, or done during the commission of a crime. This
classification of crime is generally divided by degrees, murder in the first degree and murder in the second degree, for the purpose of imposing penalties.

N

Negligence Flagrant and reckless disregard of the safety of others. Willful indifference.
Negotiated Plea See Plea Bargain.
No Bill or No True Bill The decision by a grand jury that it will not bring indictment against the accused on the basis of the allegations and evidence presented by the prosecutor.
No Contest A plea in which the defendant does not contest the charge. This has the same effect as a guilty plea except the conviction cannot be used against the defendant in a civil suit.
No Papered Charges were not pursued. (This is a legal term in Washington, D.C.)
Nolle Pros or Nolle Prosequi Latin phrase used by the district attorney or plaintiff when they do not wish to prosecute or proceed with the action.
Nolo Contendre Latin phrase used by a defendant to say “I do not wish to contest.” This plea in a criminal case has the legal effect of pleading guilty. See No Contest.

O

Obtain Property under False Pretense The misrepresentation of the value of something.
Passing bad check.

P

Pander To provide products or services which cater to the sexual gratification of others. To entice another into prostitution.
Parole To release from confinement after serving part of a sentence, usually with terms and conditions provided in the parole order.
Parole Violation An act that does not conform to the terms of parole.
Perjury Intentionally making a false statement under oath.
Plea The defendant’s formal answer to a charge.
Plea Bargain A plea of guilt to a lesser offense in return for a lighter sentence.
Prayer for Judgment, 1 st Offense (NC) Asking the court to give leniency. No finding of guilt by the court.
Pre-Trial Intervention An extensive background check to help determine if charges will be pressed.
Probation Relief of all or part of a sentence on the promise of proper conduct.

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15 Sep 2008 2:56 PM