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Dictionary of Law |
plea bargain :: legal definitionPlea bargain - n. in criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor's willingness to recommend a particular sentence or some other benefit to the defendant. Sometimes one element of the bargain is that the defendant reveal information such as location of stolen goods, names of others participating in the crime or admission of other crimes (such as a string of burglaries). The judge must agree to the result of the plea bargain before accepting the plea. If he does not, then the bargain is cancelled. Reasons for the bargain include a desire to cut down on the number of trials, danger to the defendant of a long term in prison if convicted after trial and the ability to get information on criminal activity from the defendant. There are three dangers: a) an innocent defendant may be pressured into a confession and plea out of fear of a severe penalty if convicted; b) particularly vicious criminals will get lenient treatment and be back "on the street" in a short time; c) results in unequal treatment. Public antipathy to plea bargaining has led to some state statutes prohibiting the practice, but informal discussions can get around the ban. See also: cop a plea plea and Related Law Terms ↓ Related Law Termsamnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardonarbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder criminal :: 1) n. a popular term for anyone who has committed ... so: convict felon habitual criminal criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction. proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R. sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial summons :: n. a document issued by the court at the time a la ... use service service of process writ temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment. wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Ppaid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleaderpain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. |