Latin Terms
This is the order by a court to "bring the body" of the prisoner before the court.
What is habeas corpus?
A homicide committed with the intent to kill, but without deliberation, premeditation, or malice.
What is voluntary manslaughter?
An act of force or threat of force intended to inflict harm upon a person or to put the person in fear that such harm is imminent.
What is assault?
This is the conversation that the judge has with the defendant on the record in order to take the plea.
What is the plea colloquy?
Decision by a judge to postpone trial until a later date.
What is a continuance?
This is the ruling that applies retroactively to fix an earlier ruling.
What is nunc pro tunc?
An act of force or threat of force intended to inflict harm upon a person or to put the person in fear that such harm is imminent, in which a weapon is used as part of the act?
What is aggravated assault?
This is the willful and malicious destruction of property belonging to another person.
What is criminal mischief?
This is the opportunity given to a defendant to reduce his jail sentence, decided by the Department of Corrections.
What is gain time?
This is the charge given to a jury by the judge after they inform the court that they are locked and cannot decide on a verdict.
What is an Allen charge?
This is the “state of mind” that is statutorily required in order to convict a particular defendant of a particular crime.
What is mens rea?
This is when a driver of a car, pickup, motorcycle, truck, or any other motor vehicle willfully refuses to stop after a police officer has ordered them to do so.
What is fleeing to elude?
This is the intentional and lewd exhibition of a person's genitals within a public place or on the premises of another.
What is indecent exposure?
•The document used by the state attorney that lists the charges against the defendant.
What is the information?
This is evidence or information favorable to a defendant that is known to the prosecution.
What is the Brady rule?
This is when the judge communicates with one of the parties without the other party being present.
What is ex parte?
This is when a person enters (or remains inside) a vehicle, a trailer, an aircraft, a boat, a vessel, a railroad car, a sleeping car, or a ship, with the specific intent to commit a criminal offense inside.
What is burglary of a conveyance?
This is where a person maintains a suspicious presence in an unusual time, place or manner, and under circumstances that indicate an imminent threat to the safety of persons or property.
What is loitering and prowling?
This is when both the state and the defense agree to the details of the case, eliminating the reading of these facts on the record.
What is stipulating to factual basis?
This is another name used for a non-jury trial where a judge is the trier of facts.
What is a bench trial?
This is the writ or order by which a higher court reviews the order of a lower court.
What is certiorari?
This is when a person, in order to receive money, falsely states that they are the owner of the property and has the right to dispose of the property.
What is giving false information to a pawnbroker?
This is the fighting of two or more persons in a public place that disturbs others.
What is affray?
This is the hearing that must be conducted when a defendant alleges his/her court appointed counsel is ineffective.
What is a Nelson hearing?
This is the hearing to conduct an inquiry into the surrounding facts and circumstances of an alleged discovery violation.
What is a Richardson hearing?