COMMON TERMS

Words You are Likely to Hear

Acquittal:

A verdict of not guilty.

Advocate:

One who speaks for and helps someone else.  A victim advocate or victim assistant is someone trained and dedicated to serve those who are victims of crime, family members of victims of crime, and witnesses to crime. An advocate may be a paid professional of a government or private agency or a volunteer.

Appeal:

The transfer of a case from a lower court to a higher court (appellate court) for a new hearing on the case.

Arraignment:

The time when a suspect appears before a judge and is charged with a crime.  It usually happens shortly after the suspect has been arrested and served with a warrant or after a preliminary hearing.

Certiorari: (pronounced ser-shee-ah-rah-ree, usually “writ of certiorari,” sometimes “writ of cert”) An order from a higher court to a lower court requesting the records of a case for review.

Circuit Court:

The Court of record in Virginia where appeals of misdemeanor convictions and serious crimes are tried.

Clemency:

Mercy or leniency.  Often refers to a judge giving a lighter sentence to a defendant because of mitigating circumstances.

Commonwealth:

The people of Virginia, usually represented in court by the Commonwealth Attorney Office.

Disposition:

The final result of the case.

Defendant:

A person arraigned and charged with a crime.

Defense Attorney:

The lawyer who speaks for the defendant and represents his interest in court.

Discovery:

The right of the defendant to know what evidence the Commonwealth has against him.

Grand Jury:

A jury of five to seven citizens who listen to the evidence and decide whether or not a case should go on to Circuit Court.  The Grand Jury may give a “true bill” or a “no true bill.”

Habeas Corpus:

(pronounced hay-bee-us kor-pus) One of a variety of writs that may be issued to bring a person before a court or judge.  Its purpose is to release someone from unlawful restraint or imprisonment.  The right to file a writ of habeas corpus is guaranteed by the U.S. Constitution.

Jury:

A group of men and women who must listen to and watch the trial and decide whether or not the defendant is guilty and appropriate sentence.

Jury Pool:

A group of randomly chosen citizens from whom jurors are selected.

Judge:

The person who applies the laws of Virginia to cases before him/her and sits in judgment over the courtroom.  The judge is to be addressed as “Your Honor.”

Petition:

A formal, written request for a court or judge to do something, for example, a petition for appeal.

Plea:

The defendant’s answer to the charge against him.  If he pleads guilty, a trial is not necessary.  If he pleads not guilty, the case will be tried in court.

Preliminary Hearing:

A hearing before a General District Court judge to determine if there is probable cause to believe the defendant committed the crime with which he is charged and should be sent to Circuit Court.  The defense attorney uses this hearing to find what evidence the Commonwealth has against the defendant.

Probable Cause:

Evidence that would lead a reasonable person to believe that a crime was committed by the person accused.

Reasonable Doubt:

Doubt based on good reason.  If the judge or jury has reasonable doubt that the defendant committed the crime, the judge or jury must find him not guilty.

Sentence:

The punishment or legal consequences given to a convicted defendant.

Subpoena:

A court order for someone to appear in court.  Failure to appear in court in response to a subpoena can result in a criminal charge.

Testimony:

The facts as stated by a witness.  To give testimony is to testify.

Trial:

The presentation of the facts of a case in court before a judge (bench trial) or a judge and jury (jury trial) ending with a decision about the defendant’s guilt and sentence.

Verdict:

The decision of guilty made by a judge or jury.

Victim:

A person who has a crime happen to him or suffers a loss as the result of a crime.

Victim Assistant or Victim Advocate:

Someone whose role it is to help those who are victims of crime, family members of victims of crime, and witnesses to crime. 

Victim Impact Statement (VIS):

A victim’s form, letter, or oral statement that tells the judge the ways in which the crime has affected him or her.

Witness:

In court, a witness is a person who testifies in court.  A witness to a crime is person who sees, hears, or notices something that has to do with the crime.

A written order issued by a court commanding someone to do or stop doing a particular act.