CRIMINAL INVESTIGATION TERMINOLOGIES

CRIMINAL INVESTIGATION - It is an art deals with the IDENTITY and LOCATION

of the offender and PROVIDES EVIDENCE.
ART - Is the expression or application of human creative skill and
imagination.
CRIMINAL INVESTIGATION- base on definition it is an ART "application of
human creative skill and imagination.
INFORMATION - It is the KNOWLEDGE OR DATA. As a CRIMINAL INVESTIGATOR you
must gather data or information.
Regular Sources -Records, Files from Government and Non-Government, News
items, Document.
Cultivated Sources - It is an information gather from Informer or
Informants.
INFORMER - GIVE INFORMATION EXCHANGE OF MONEY OR REWARD.
INFORMANT - GIVES INFORMATION VOLUNTARILY WITHOUT ASKING OF MONEY.
Grapevine Sources - Information came from the UNDERWORLD such as PRISONER
OR EX-CONVICT
INTERVIEW - SIMPLE QUESTIONING from the WITNESS.
INTERROGATION-SKILLFULL QUESTIONING because some SUSPECT are not
UNCOOPERATIVE)
Mutt and Jeff -also known as Evil and Good Method Or Demon and Angel.
Kindness - The simplest technique is to assume that the suspect confess if
he treated kind and friendly manner.
Bluff on a Split Pair - Applicable when there is more than one suspect.
Jolting - Applied to calm and nervous subject or suspect.
INSTRUMENTATION - Application of instruments and methods of physical
science to the detection of crimes
CONFESSION ~ Direct Acknowledgement of GUILT.
EXTRA - JUDICIAL CONFESSION - Made outside open court or made during
custodial investigation.
JUDICIAL CONFESSION - Made in an open court (Sa korte sya umamin)
ADMISSION ~ Indirect Acknowledgement of GUILT or Acknowledgement of FACT
Corpus Delicti for the Crime of murder =Dead Body or Corpse
Corpus Delicti for the Crime of roberry = Stolen Property
Corpus Delicti for the Crime of carnaping = Stolen Vehicle
Associative Evidence ~ Pieces of Evidence that may link the suspect to the
crime scene.
Tracing Evidence ~ Evidence that assist the Investigator in locating the
suspect.
Anonymous Informants - Do not wish to be identified / nagbibigay ng
information pero tinatago nya yung Identity nya.
Rival Elimination Informants - To eliminate competition/ Bibigay ng
information dahil kalaban nya yung sinumbong nya
False Informants - Reveals information of no consequence or value / bibigay
ng information ng wala naman kwenta .
Frightened Informants - Motivated by anxiety/ nagbibigay ng Information
dahil natatakot sya.
Mercenary Informants - Gives information for price/ Bibigay ng information
pero may kapalit na price o reward.
Mercenary Informants - Magbibigay ng Information tapos may kapalit na money
or reward once lang isang beses nya lang gagawin un wala nang kasunod.
Informer – giving information in exchange of reward o money
TECHNICAL WRITING POLICE REPORT

Affidavit - summary judgment. The kind of affidavit necessary to

support a summary judgement is that affidavit from which it may be
clearly drawn that certain facts pleaded by either party are certain,
undisputed and indubitable which dispense with the hearing or trial
of the case
Agents report - it is a report rendered by a documented agent who
answers an intelligence requirement.
Agreement - Proposal. A proposal remains an offer even if not
answered and irrespective of the length of time that has passed.
Book of account - a book containing charges and showing a continuous
dealing with persons generally.
Case officer - the person responsible for and in charge of the
investigation of the case.
Police blotter - a record or log where all types of operational and
under cover dispatches shall be recorded containing the 5 "W" and 1
"H"(Who, What, Where, When, Why, and How of an information.
Spot report - refers to an immediate initial investigative or
incident report addressed to higher headquarters pertaining to the
commission of the crime, occurrence of natural or man-made disaster
or unusual incidents involving loss of lives and damage of
properties.
Tactical interrogation report - the report rendered by an
interrogator which contain the following information: 1. Personal and
family background 2. Educational background 3. Professional
background 4. Criminal activities,associates/armaments5. Plans
Summary of information (SOI) - an intelligence report rendered
regarding any illegal activity or violation of laws being observed by
intelligence operatives within a given area of responsibility.
Police Report - report made by the police containing the initial
statement made by the victim at the time she or he reported the
crime.
Index Crime - are very serious crimes that happen frequently or
regularly that they can serve as index of the crime situation
anything that is physically pursued by the person committing the
crime .
Non Index Crime - refers to all crime not classified as index crime.
These crimes are mostly victimless.
Crime Solution Efficiency - means the number of crimes solved after
the arrest of the suspects and filing of charges against them.
Crime Clearance Efficiency - means the number of crimes considered
solved because the suspects have been identified and charged but they
remain at large.
Crime Incidence - the number of crimes reported as index or non index
crimes within a given period.
Crime Volume - is a basic indicator of the frequency of known
criminal activity. It represents the number of reported offenses.
Crime Trend - represents the percentage change in crime based on data
reported in a prior equivalent period.
Crime Rate - the measure that gives an index of crime occurring in a
particular jurisdiction for a specific time period.
FORENSIC BALLISTICS TERMINOLOGIES

Forensic ballistics - is the science of analyzing firearms usage in

crimes. It involves analysis of bullets and bullets impact to
determine information of use to a court or other part of legal
system.
Ballistics -(ballein "to throw") - is the science of mechanics that
deals with the flight, behavior and effects of projectiles especially
bullet, gravity bombs, rockets or the like.
Ballistic missile - is a missile, only guided during the relative
brief initial powered phase of flight whose course is subsequently
governed by the laws of classical mechanics.
Flight - is the process by which an object moves through an
atmosphere by generating aerodynamic lift, propulsive thrust,
aerostatically using buoyancy or by ballistic movement without any
direct solid mechanical support from the ground.
Firearms identification - the identification of fired bullets,
cartridge cases or other ammunition  components as having been fired
from a specific firearm.
Rifling - is the process of making helical grooves in the barrel of a
gun or firearm which imparts a spin to a projectile around its long
axis. This spin stabilize the projectile, improving its stability and
accuracy.
Projectile - is any object projected into space by the exertion of a
force.
Trajectory - is the path that a moving object follows through space
as a function of time.
Firearm - is a weapon that launches one or many projectiles at high
velocity through confined burning of a propellant.
Ballistic fingerprinting - involves analyzing firearm, ammunition and
tool mark evidence in order to establish whether a certain firearm or
tool was used in the commission of a crime.
Gun ballistic - is the work of projectile from the time of shooting
to the time of impact with the target.
Breech loading firearm - is a firearm in which the cartridge or shell
is inserted or loaded into a chamber integral to the rear portion of
a barrel.
Gatling Gun - a hand driven, crank operated multi barrel machine gun.
Action - the part of the firearm that loads, fires, and ejects a
cartridge.
Barrel - the metal tube through which the bullet is fired.
Black Powder - the old form of gun powder invented over a thousand
years ago and consisting of nitrate,charcoal,and sulfur.
Bore - the inside of the barrel.
Breech - the end of the barrel attach to the action
Bullets - is a projectile propelled by firearm,sling, airgun.
Round nose - the end of the bullet is blunted.
Hollow point - there is  a central cavity in the bullet nose not
covered by a metal jacket that creates expansion when a target is
struck, creating more damage.
Hydra-Shock - hollow point projectile with soft deformable anterior
and hard posterior core.  
Jacketed - the soft lead is surrounded by another metal, usually
copper, that allows the bullet to penetrate a target more easily.

Wad-cutter - the front of the bullet is flattened.

Semi-wad-cutter - intermediate between round nose and wad-cutter.
Butt or Buttstock - the portion of the gun which is held or
shouldered.
Caliber - the diameter of the bore measured from land to land ,
usually expressed in hundredths of an inch (.22 cal) or in
millimeters (9mm).
Cartridge -  ammunition, composed of a metal (usually brass) case, a
propellant charge, a projectile or bullet, and a primer.
Centerfire - the cartridge contains the primer in the center of the
base where it can be struck by  firing pin of the action.
Chamber - the portion of the action that holds the cartridge ready
for firing.
Choke - a constriction of a shotgun bore at the muzzle that
determines the pattern of the fired shot.
Double Action - Pulling the trigger both cocks the hammer and fires
the gun.
Double Barrel - two barrels side by side or one on top of the other
usually on a shotgun.
Gauge - refers to the diameter of the barrel on a shotgun in terms of
the number of lead balls the size of the bore it would take to weigh
one pound.
Hammer - a metal rod or plate that typically drives a firing pin to
strike the cartridge primer to detonate the powder.
Ignition - the way in which powder is ignited.Old muzzle loading
weapons used flintlock or  percussion caps.
Lands and Grooves - lands are the metal inside the barrel left after
the spiral grooves are cut to produce the rifling.
Magazine - this is a device for storing cartridges in a repeating
firearm for loading into the chamber..
Muzzle - the end of the barrel out of which the bullet comes.
Pistol - synonym for a handgun that does not have a revolving
cylinder.

Powder - modern gun cartridges use smokeless powder that is

relatively stable,of uniform quality, and leaves little residue when
ignited.
Primer - a volatile substance that ignites when struck to detonate
the powder in a cartridge.
Rimfire cartridges - have primer inside the base.
Centerfire cartridges - have primer in a hole in the middle of the
base of the cartridge case.
Revolver - handgun that has a cylinder with holes to contain the
cartridges.
Riffling - the spiral grooves cut inside a gun barrel that give the
bullet a spinning motion.
Land- Themetal between the grooves .
Rimfire - the cartridge has the primer distributed around the
periphery of the base.
Safety - a mechanism of an action to prevent firing of the gun.
Shotgun - a gun with a smooth bore that shoots cartridges that
contain "shot" or small metal pellets of lead or steel as the
projectiles.

Smoothbore weapons - have no riflings, typically shotguns.Most

handguns and rifles have riflings.
Sights - the device on top of the barrel that allow the gun to be
aimed.
Silencer - a device that fits over the muzzle of the barrel to muffle
the sound of a gunshot.
Single Action - the hammer must be manually cocked before the trigger
can be pulled to fire the gun
Smokeless Powder - refers to modern gun powder which is not really
powder but flakes or nitrocellulose and other substances.
Stock - a wood,metal,or plastic frame that holds the barrel and
action and allows the gun to be held firmly.
POLICE PHOTOGRAPHY TERMINOLOGIES

Light -is an electromagnetic energy that travels in a form of a wave

with the speed of 186, 000 miles per second.
Camera -a light tight box designed to block unwanted or unnecessary
light from reaching the sensitized material.
Lens-is the light gathering mechanism of the camera that collect the
reflected light coming from the object to form the image.
Sensitized material -composed of a highly sensitized chemical
compound which is capable of being transformed into an image through
the action of light and with some chemical processes
Chemical Process - is the process necessary for reducing silver
halides into a form so as a latent image and a positive image be made
resulting to what we called Photograph.
Photography - Is the art and science of reproducing image by means of
light through some sensitized material with the aid of a camera, Lens
and its accessories and the chemical process required in order to
produced a photograph.

Police Photography - Is the application of the principles of

photography is relation to the police work and in the administration
of justice.
Photograph - is an image that can only be a product of photography.
Picture -is a generic term is refers to all kinds of formed image
General View-taking an over-all view of the scene of the crime. It
shows direction and location of the crime scene.
Medium View - Is the taking of the photograph of the scene of the
crime by dividing it into section. This view will best view the
nature of the crime.
Close-up View-Is the taking of individual photograph of the evidence
at the scene of the crime. It is design to show the details of the
crime.
Extreme Close-up View-Commonly designed in laboratory photographing
using some magnification such as Photomacrography and
photomicrography
Photomicrography -Taking a magnified photograph of small object
through attaching a camera to the ocular of a compound microscope so
as to show a minute details of the physical evidence.
Photomacrogaphy - Taking a magnified (enlarged) photograph of small
object by attaching an extended tube lens (macro lens) to the camera.
Microphotography -is the process of reducing into a small strips of
film a scenario. It is first used in filmmaking.
Macrophotography - used synonymously with photomacrogaphy.
Telephotography - Is the process of taking photograph of a far object
with the aid of a long focus and Telephoto lens.
Crime Prevention- with the used of video camera (hidden camera) and
other advanced photographic equipment crimes are being detected more
easily and even to the extent of preventing them from initially
occurring.
Police Training- Modern facilities are now being used as
instructional material not only in police training as well as in
other agencies.
Visible Light -Is the type of light that produces different sensation
when reach the human eye. It is the type of light, which is capable
of exciting the retina of the human eye.
Invisible Light- lights in which their wavelength are either too
short or too long to excite the retina of the human eye i.e. X-ray,
Ultrat-violet and Infra-red lights.
X-ray -Light with the wavelength between .01 to 30 millimicrons. It
is produced by passing an electric current through a special type of
vacuum tube
Ultra-violet ray (Before the violet)- Radiation having a wavelength
of 30 to 400 nanometers designed to-photograph fingerprints in multi
colored background, It is commercially known as “black Light”.
Visible Light- It refers to the type of radiation having a wavelength
of 400 to 700 millimicrons designed for ordinary photographing
purposes.
Infra-red (Beyond the Red)- Considered as the photographic rays with
the longest wavelength ranging from 700 to 1000 millimicrons.
Natural Light- are those light which come to existence without the
intervention of man e.i. Sunlight, moonlight and starlight.
Bright Sunlight- object in an open space casts a deep and uniform
shadow and the object appears glossy.
Hazy Sunlight-object in an open space casts a transparent or bluish
shadow. This is due to thin clouds that cover the sun.
Dull Sunlight-object in an open space cast no shadow due to thick
clouds covering the sun.
Daylight -may still be classified as: open space bright sunlight,
under shade bright sunlight, hazy sunlight, cloudy sunlight and
cloudy dull sunlight.
Artificial Light -otherwise known as man-made light e.g. fluorescent
bulb, incandescent bulb and photoflood lamp.
SPHERICAL ABERRATION- Inability of the lens to focus light passing
the side of the lens producing an image that is sharp in the center
and blurred at the side.
COMA-(ALSO KNOWN AS LATERAL ABERRATION) = Inability of the lens to
focus light that travels straight or lateral, thus making it blurred
while the light reaching the lens oblique is the one the is
transmitted sharp.
CURVATURE OF FIELD - the relation of the images of the different
point are incorrect with respect to one another.
DISTORTION -Is a defect in shape not in sharpness.
CHROMATIC ABERRATION -Inability of the lens to focus light of varying
wavelength.
ASTIGMATISM-is a form of lens defects in which the horizontal and
vertical axis are not equally magnified. Inability of the lens to
focus both horizontal and vertical lines.

FLARES -condition of the lens producing multiple images.

FOCAL LENGTH – is the distance measured from the optical center of
the lens is set to focus at infinite position. As according to focal
lenses may be classified as:
WIDE ANGLE OR SHORT FOCUS - with focal length not longer than the
diagonal half of the negative. Useful in taking photograph at short
distance with wider area coverage.
NORMAL OR MEDIUM FOCUS -with focal length approximately equal but not
longer than twice the diagonal half of the negative.

LONG OR TELEPHOTO LENS - with focal length longer than twice the
diagonal half of the negative. Best used in long distance
photographing but with narrow area coverage.
ZOOM LENS -lens with variable focal length or that which can be
adjusted continuously by the movement of one or more elements in the
lens system.
RELATIVE APERTURE – the light gathering power of the lens expressed
in F-number
DEPTH OF FIELD – is the distance measured from the nearest to the
farthest object in apparent sharp focus when the lens
HYPERFOCAL DISTANCE - Is the nearest distance at which when a lens is
focused with a given particular diaphragm opening will gives the
maximum depth of field.
FOCUSING - is the setting of the proper distance in order to form a
sharp image.
CHEMICAL PROCESS-process of making the latent image visible and
permanent.
Development -Is the process necessary for reducing the silver
halides to form the image.
ELON, HYDROQUENONE - used as main developing agents
STOP BATH -normally composed of water with little amount of dilute
acetic acid that serves as a means to prevent contamination between
the developer and the acid fixer.
FIXATION - Is the process by which all unexposed silver halides are
dissolved or removed from the emulsion surface and making the image
more permanent.
SODIUM THIOSULFATE (HYPO)- is the main fixing agent that dissolves
unexposed silver halides.
ACETIC ACID AND BORIC ACID - serves as neutralizer
SODIUM SULFATE -serves as the preservative
POTASSIUM BROMIDE -restrainer or hardener
SODIUM BICARBONATE AND BORAX POWDER - serves as accelerator
DODGING -is the process of eliminating unwanted portion of the
negative during enlarging.
CROPPING -is the process of omitting an object during the process of
enlarging and printing.
INTRODUCTION TO CRIMINOLOGY TERMINOLOGIES

 CRIMINOLOGY - It is the entire body of knowledge regarding

crimes, criminals and the efforts of the society to prevent and
suppress them. It is also a study of crime as a social phenomenon.
It includes within its scope the making of laws, the breaking of
law and the reactions towards the breaking of laws.

 CRIMINOLOGY is a body of knowledge regarding crime as a social

phenomenon. It defined also as a multidisciplinary study of
crimes.

 CRIMINAL PSYCHODYNAMICS — study of mental process of criminals in

action
 DEMENTIA PRAECOX — a collective term of mental disorder that
begins shortly after puberty and leads to general failure of the
mental faculties with the corresponding physiological impairment.
 Delusion — a false belief about self cause by morbidity, paranoia
and dementia praecox.

 EROTOMANIA — a morbid propensity to love or make love;

uncontrollable sexual desire by members of either sex.
 EPISODIAC CRIMINAL — a non criminal person who commits crime when
under emotional stress.
 LOGOMACY — a statement that we would have no crime if we have no
criminal law and that we can eliminate crimes by merely abolishing
criminal law.
 KLEPTOMANIAC — an uncontrollable morbid propensity to steal. He is
pathological stealer.
 Masochism — a condition of sexual perversion in which a person
derives pleasure from being dominated or cruelly treated.
 MELANCHOLIA — a mental disorder characterized by excessive
brooding and depression of spirits.
 Megalomania- a mental disorder in which the subject thinks himself
ad great or exalted.
 ANTHROPOLOGY — science devoted to the study of mankind and its
development in relation to its physical, mental and cultural
history.

 CRIMINALISTICS - the sum total application of all science in crime

detection.

 CRIMINALIST - a person who is trained in science of application of

instruments and methods to the detection of crime
 CRIME- An act committed or omitted in violation of a law,
forbidding or commanding it. It is a generic term for offense,
felony and delinquency.

 DELINQUENCY - An act or omission that violates simple rules and

regulations, punishable by a short period of imprisonment or a
small fine.

 FELONY - An acts or omission punishable by the revised penal code.

 OFFENSE - is an acts or omission punishable by special law.

 MISDEAMEMOR - is act or omission in violation of city or

municipality ordinances

 DEVIANT BEHAVIOR - refers to a behavior which is outside the range

of normal societal toleration

 CRIMINAL - one who committed acts punishable by the laws and has
been convicted by final judgment.

o Criminal Etiology - it is an attempt at scientific analysis of

the causes of the crime.
o Sociology of law — an attempt at scientific analysis of the
conditions which penal/criminal laws has developed as a process of
formal and social control.
o Penology — concerned with the control and prevention of crime and
the treatment of offenders.

o Sociology (Sociological Criminology) - The study of crime that is

focused on a group of people and the society as a whole.
o Psychology- (Psychological Criminology) - Deals with the study of
behavior and mental processes of criminals.
o Psychiatry (Psychiatric Criminology) - A science that deals with
the study of criminal behavior in terms of motives and drives.
o Anthropology (Anthropological Criminology) - Deals with the study
of mankind, particularly, the culture and physical features of
distinctive groups of people.
o Physiology (Physiological Criminology) - Studies function of
various organs of the body, in relation to the behavior of a
particular person.
o Criminal Ecology — study of criminality in relation to special
distribution in a community.
o Criminal Epidemiology — study of the relationship between
environment and criminality.
o Criminal Physical Anthropology — study of criminality in
relation between mind and behavior of a criminal.
o Criminological research — study of crime correlated with
antecedent variables, state of crime trend
o Victimology — study of the role of the victim of crime
o Criminological Theories — study of the different theories as the
genesis of criminal behavior
o Criminal Demography - Study of the relationship between
criminality and population.
o Criminal Epidiomology - Study of criminality in relation to the
uneven distribution of crime
o Criminal Ecology - Study of the relationship between criminality
and the environment.
o Criminal Physical Anthropology - Study of criminality in relation
to the physical condition of man.
o Criminal Psychology - Study of behavior and mental processes in
relation to crime.
o Criminal Psychiatry - Study of criminal behavior in terms of
motives and drives.
o Victimology - Study of the role of the victim in the commission of
crime. It also refers to the scientific analysis of the adverse
effects of crime. It was initiated by Benjamin Mendelson, a
European defense lawyer who created his own classification of
victims
o Traditional Crime- committed every now and then
o Crimes Due to Social Change- poverty crimes ex. Prostitution
o Emergency Crime- committed to take advantage of an abnormal
situation
o Victimless Crime- act committed by consenting persons in private,
there is no intended victim.
o Index Crime- act that involves actual physical harm to a victim by
another.

o Acute Criminal- one who commits crime due to fit of passion

o Chronic Criminal- one who plans the commission of crime ahead of
time
o Ordinary Criminal- lowest mammal in criminal profession
o Professional Criminal- engaged in criminal activities with a high
degree of skill
o Active Criminal- commits crime due to aggressiveness
o Passive Criminal- commits crime due to reward or promise
o Socialized Delinquent- one who lacks proper moral values due to
defective socialization process.
o Accidental Criminal- one who commits crime when the situation is
conducive
o Habitual Criminal- one who commits crime due to lack of self
control
o Demonological Theory- States that people commit crime because they
are possessed by evil spirits
o Trial by Ordeal- Variety of procedures established to determine
the guilt or innocence of an accused
o Thucydides- A Greek historian who first wrote the usefulness of
death penalty

o Unfair - it treats all men as if they are robot without regard to

individual differences and surrounding circumstances when the
crime was committed.
o Unjust - it imposes equal punishment to first time offender and
recidivist.
o born criminal — atavism
o insane criminal — idiots, imbeciles
o criminaloids — not born with physical stigmata but who are of such
mental makeup that they display anti social conduct.
o Id- most primitive part of human personality.
o Ego- guided by reality principle
o Superego- directs people towards morally acceptable behavior
o Psychopathic personality - emotionally abnormal but who do not manifest
breaks with reality that characterized psychosis.

o Psychomatic Person - one whose Behavior is largely amoral and asocial

and who is characterized by the irresponsibility, lack of remorse or
shame or aggravated by the physics or emotionally process of the
individual
o Alcoholism - when a person is intoxicated, he is almost certain to start
a fight

o home - the “Cradle” of human personality” children are the mirror of the
family
o bad neighborhood

o broken homes - communication gap and disrespect among parent and

children rates Delinquency

o Environmental delinquent - occasional law breakers.

o atavist - born criminal

o Criminaloids - those who have less physical stamina or luck of

control.

o Insane criminal - because of their abnormalities or disorder

o Occasional criminal - who don’t seek for the crimes but they are
drawn into it because of insignificant reason that paused them to
do.

o criminaloids or epileptoid - those who are suffering from

disorders
o habitual - career offenders
o pseudo-criminals - those who kills in defense

o murders-satisfied from revenge

o deficient criminals-commit crimes against property

o lascivious criminals-crimes against chastity

o Endomorps - a type with a relatively predominance of soft,

roundness throughout the regions of the body, they have low
specific gravity.

o Mesomorps - athletic type, predominate of muscle, bone and

connective tissue, normally heavy, hard or firm, strong and tough.

o Ectomorps - thin psyque, flat chest, delicacy, trough out the

body, slender, poorly muscled
o Serial murder - involves killing several victims in hire.
o Spree murder - involves killing of two or more victims at two or
more location.
o Mass murder - involves killing of four or more victim at one
location within one event.
o Professional crimes - The use of knowledge that requires lengthy
training in committing crimes.
o Occupational Crimes/white Collar crimes - A crime committed by a
person of respectability and high social statues in the course of
his occupation.
o Organizational crime - refers to crime committed on behalf and for
the benefit of a legitimate organization.
o Political crime - refers to criminal activity which committed for
ideological purpose.
o organized crimes - it includes groups of any individuals whose
primary activity involves violating criminals laws to seek profits
and power by engaging in racketeering activities and when
appropriate in engaging intricate financial manipulation

o PROSTITUTION - the practice of having sexual relations for certain

consideration.
o FORNICATION - refers to a sexual intercourse between unmarried
person
o SODOMY - may cover anal intercourse, mouth-genital contact,
exchange of husband and wife for sexual intercourse and even
mutual masturbation
o EXHIBITIONISM - usually involves that purposive and unsolicited
indecent exposure of sex organs usually to male an unsuspecting
female.
o VOYEURISM - involves the person invading the privacy of another by
viewing him/her when in an unclad state or sexual condition.
o FETISHISM - involves the obtaining of erotic excitement trough the
perception and of collection objects associated with the opposite
sex.
o PEDOPHILIA OR CHILD MOLESTING - sexual relation between and adult
a child, the later usually as one under 12 years of age or one who
has not yet reached the age of puberty
o PORNOGRAPHY - refers to erotic or sexual stimulating literature or
materials
o BESTIALITY - having sex with animals
o NECROPHILIA - sex with dead bodies
o CULTURALLY VIOLENT OFFENDERS - are individuals who live in
subculture in which violence is an acceptable problems-solving
mechanism.
o SUBCULTURE OF VIOLENCE - use as means of explaining the greater
prevalence of violent crime among low income from slum
environment.
o CRIMINALITY VIOLENT OFFENDERS - use violence as a means of
accomplishing criminal act, such as in robbery
o PATHOLOGICALLY VIOLENT OFFENDERS – mentally ill or brain damage
o SITUATIONAL VIOLENT OFFENDERS - commit acts of violence on rare
occasion, often under provocation such as in domestic disputes
which gets out hand. Often described as “crimes of passion”

o ACUTE CRIMINAL - person, who violates criminal law because of the

impulse of the moment, fit of passion or anger or spell of extreme
jealousy.

o CHRONIC CRIMINALS - person who acted in consonance with deliberate

thinking such as;

o neurotic criminals - person whose action arises from intra-physics

conflict between the social and antisocial components of his
personality, example is a kleptomaniac

o normal criminal - person whose psychic organization resembles that

of the normal individual except that that he identify himself with
criminal prototype

o Criminality - caused by an organic pathological process.

 ORDINARY CRIMINALS- the lowest form of criminal career.
 ORGANIZED CRIMINALS- this criminal have a high degree of degree to
enable them to commit crimes being detected and committed to
specialized activities which can be operated in large scale
business.
o PROFESSIONAL CRIMINALS - those person who earn their living trough
criminal activities
o ACCIDENTAL CRIMINALS - those who commit criminal acts as a result
of unanticipated circumstances.
o HABITUAL CRIMINALS - those who commit criminal acts for such
diverse reason due to deficiency of intelligence and lack of self
control
o HABITUAL SITUATIONAL CRIMINALS - those who are actually not
criminals but constantly in trouble with legal authorities because
they commit robberies, and embezzlement which are intermixed with
economic activities
o ACTIVE AGGRESSIVE CRIMINALS - those who commit crimes in an
impulsive manner usually due to the aggressive behavior of the
offender, such attitudes is clearly shown in crimes of passion,
revenge or resentment.
o PASSIVE INADEQUATE CRIMINALS - those who commit crimes because
they are pushed to it by inducement, reward or promise without
considering its consequences
o SOCIAL DELINQUENT – those who are normal in their behavior but
merely defective in their socialized process, this group belong to
the educated respectable members of society who may turn criminal
on involved.
o CRIMES OF THE UPPER WORLD - those who commit by people of the
upper strata of society
o CRIME OF THE UNDERWORLD - those who commit by the members of the
lower under privilege class of society.
o CRIMES BY PASSION - those committed by the fit of passion, anger,
anger, jealousy hatred
o CRIMES IMITATION - those committed and the pattern of which is
merely a duplication of what was done by others
o SERVICE CRIMES - those committed by rendering some service or
satisfying the desire of someone.

o CRIMINAL WORLD - it is the social organization of habitual and

professional criminals.
o ORGANIZED CRIME - control in all crimes in given geographical
area or at least at all crimes of certain types by a small group
similar to the board of directors of a legitimate business
organization
o ACQUISITIVE CRIMES - when the offender acquire something as a
consequence of his criminal act

 EXTINCTIVE CRIMES - when the end results of criminal act is

destruction

 SEASONAL CRIMES - those who committed only in a certain period

of the year

 SITUATIONAL CRIMES – those committed only when given the situation

conductive to its commission

 INSTANT CRIMES - those committed on the short possible time

 EPISODICAL CRIMES - those committed by a series of commission in

lengthy space of time

 STATIC CRIME - those committed only in one place

 CONTINUING CRIME - those committed in several places

 RATIONAL CRIMES - those who committed with intention and offender

is in full possession of his mental faculties

 IRRATIONAL CRIMES - those who committed by a person who does not

know the nature and quality of his act account of the disease of
the mind

 WHITE COLLAR CRIME - those committed by a person in responsibility

and upper socio economic class in the course of their occupational
activities

 BLUE COLLAR CRIMES - those committed by ordinary professional to

maintain their livelihood

 Victimology- a branch of the study of criminology which deals with

the victimization of crime.
 ACQUISITIVE — offender acquires something as a result or
consequence of a crime like theft.
 EXTINCTIVE- end result is destructive like homicide.

 Seasonal crime — committed only during a period of time like tax

evasion

 Situational crime — committed only when given a situation like

theft robbery.

 Instant crime — committed in shortest possible time like snatching

 Episodial — committed by series of acts in lengthy space of time

like KIDNAPPING.

 Continuing - crime committed in several places, like physical

injuries resulting to homicide in an automobile.

 Rational crime - with intention like robbery, homicide

 Irrational crime - committed by one who does not know the nature
or quality of his act on account of disease of mind.

 White collar crime - committed by persons of responsibility in

the course of their occupational activity, like plunder
 Blue collar crime - committed by ordinary criminals to maintain
their livelihood like robbery.

 formal- have been written down and involve strict rules for
punishment of violators

 Informal-are generally understood but is not precisely recorded.

 CRIMINOGENIC PROCESS - explain human behavior which helps in

determining the nature of personality as a reacting mechanism.

 DEMENTIA PRAECOX - a collective term of mental disorder that begin

at, or shortly after puberty and usually lead the general failure
of the mental faculties

 DELUSION - a false belief about self, caused by morbidity, present

in paranoia and dementia praecox
CRIMINAL LAW TERMINOLOGIES

CRIMINAL LAW- is that branch or division of law which defines crimes, treats of their
nature, and provides for their punishment.
CRIME- crime is defined as an act committed or omitted in violation of public law
forbidding or commanding it.
GENERAL (characteristic of criminal law) – general, in that criminal law is binding on all
persons who live or sojourn in Philippine territory.
TERRITORIAL (characteristic of criminal law) - in that criminal law undertakes to punish
crimes committee within Philippine territory.
PROSPECTIVE-(characteristic of criminal law)- in that a penal law cannot make an act
punishable in a manner in which it was not punishable when committed.
FRENCH RULE- such crimes are not triable in courts of that country, unless their
commission affects the peace and security of the territory or the safety of the state is
endangered.
ENGLISH RULE-such crimes are triable in that country, unless they merely affect things
within the vessel or they refer to the internal management thereof.
FELONIES- felonies are acts and omissions punishable by the revised penal code.
ACT- any bodily movement tending to produce some effect in the external world.
OMISSION- is meant inaction, the failure to perform a positive duty which one is bound to
do.
MISTAKE OF FACT- is a misapprehension of fact on the part of the person who caused
injury to another.
MALA IN SE- wrongful from their nature, those so serious in their effects on society as to
call for the almost unanimous condemnation of its members and defined and penalized by
the Revised Penal Code.
MALA PROHIBITA- wrong merely because prohibited by statute, are violations of mere
rules of convenience designed to secure a more orderly regulation of the affairs of society.
The term mala prohibita refers generally to acts made criminal by special laws.
INTENT- intent is the purpose to use a particular means to effect such result.
MOTIVE- motive is the moving power which impels one to action for a definite result.
CONSUMMATED FELONY- a felony is consummated when all the elements necessary for its
execution and accomplishment are present.
FRUSTRATED FELONY- when the offender performs all the acts of execution which would
produce the felony as a consequence but which nevertheless, do not produce it by reason
of causes independent of the will of the perpetrator.
ATTEMPTED FELONY- when the offender commences the commission of a felony directly
by overt acts, and does not perform all the acts of execution which should produce the
felony by reason of some cause or accident other than his own spontaneous desistance.
OVERT ACTS- an overt act is some physical activity or deed, indicating the intention to
commit a particular crime, more than a mere planning or preparation, which if carried to its
complete termination following its natural course, without being frustrated by external
obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily
ripen into a concrete offense.
INDETERMINATE OFFENSE- one where purpose of offender in the performing an act is not
certain. Its nature in relation to its objective is ambiguous.
CONSPIRACY- conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it.
PROPOSAL- there is a proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.
IMPUTABILITY- is the quality by which an act may be ascribed to a person as its author or
owner. It implies that the act committed has been freely and consciously done and may,
therefore, be put down to the doer as his very own.
RESPONSIBILITY- is the obligation of suffering the consequences of crime. It is the
obligation of taking the penal and civil consequences of the crime.
GUILT- guilt is an element of responsibility, for a man cannot be made to answer for the
consequences of a crime unless he is guilty.
GRAVE FELONIES- are those to which the law attaches the capital punishment or penalties
which in any of their periods are afflictive.
LESS GRAVE FELONIES- are those which the law punishes with penalties which in their
maximum period are correctional.
LIGHT FELONIES- are those infractions of law for the commission of which the penalty of
arresto menor or a fine not exceeding 200 pesos, is provided.
JUSTIFYING CIRCUMSTANCES- are those where the act of a person is said to be in
accordance with law, so that such person is deemed not to have transgressed the law and
is free from both criminal and civil liability.
EXEMPTING CICUMSTANCES (non-imputability) - are those grounds for exemption from
punishment because there is wanting in the agent of the crime any of the conditions which
make the act voluntary, or negligent.
MITIGATING CIRCUMSTANCES- those which, if present in the commission of the crime, do
not entirely free the actor from criminal liability but only serve to reduce the penalty.
AGGRAVATING CIRCUMSTANCES- are those which, if attendant in the commission of the
crime, serve to increase the penalty without, however, exceeding the maximum of the
penalty provided by law for the offense.
GENERIC (kind of aggravating circumstances) - those that can generally apply to all crimes.
SPECIFIC (kind of aggravating circumstances) - those that apply only to particular crime.
QUALIFYING (kind of aggravating circumstances)- those that change the nature of the
crime.
INHERENT (kind of aggravating circumstances) - those that must of necessity accompany
the commission of the crime.
ALTERNATIVE CIRCUMSTANCES- aggravating or mitigating according to the nature and
effect of the crime and other conditions attending its commission.
INSTIGATION- public officer or private detective induces an innocent person to commit a
crime and would arrest him upon or after the commission of the crime by him.
ENTRAPMENT- a person has planned or is about to commit crime and ways and means are
resorted to by a public officer to trap and catch the criminal; not a defense.
ACCIDENT- any happening beyond control of persons, consequences of which are not
foreseeable.
TREACHERY- when the offender commits any of the crime against the person , employing
means, methods or forms in the execution thereof which tend directly and specially to
insure its execution, without risk to himself arising from the defense which the offended
party might make.
IGNOMINY- moral suffering
CRUELTY- deliberate intention to prolong physical suffering of the victim.
HABITUAL DELINQUENCY- within 10 years from last release or last conviction of the crime
of falsification, robbery, estafa, theft, serious or less serious physical injuries, the offender
is found guilty of any of said crimes a third time or oftener.
RECIDIVISM- when the time of trial for one crime, shall have been previously convicted by
final judgment of another crime embraced in the same title of the revised penal code.
QUASI-RECIDIVISM- commits a felony after having been convicted by final judgment,
before beginning to serve such, or while serving the same, shall be punished by maximum
period of penalty prescribed by law for new felony.
REITARACION or HABITUALITY- accused is on trial for an offense, he has previously serves
sentence for another offense to which the law attaches an equal or greater penalty, or for
two or more crimes to which it attaches lighter penalty than that for the new offense and
that he is convicted of the new offense.
OFFENSE- is an act or omission that is punishable by special laws such as Republic Acts,
Presidential Decrees, Executive Orders, Memorandum Circulars, Ordinances and Rules and
Regulations.
PENALTY- penalty is the suffering that is inflicted by the State for the transgression of a law.
COMPLEX CRIMES- when a single act constitutes two or more grave or less, grave felonies,
or when an offense is a necessary means for committing the other, the penalty for the most
serious crime shall be imposed.
CONTINUED CRIME- a continued crime is a single crime, consisting of a series of acts but all
arising from one criminal resolution.
ABERRATIO ICTUS- mistake in the blow
ERROR IN PERSONAE-mistake in the identity of the victim
PRAETER INTENTIONEM- the injurious result is greater than that intended.
RESTITUTION-in theft, the culprit is duty bound to return the property stolen.
REPARATION- in case of inability to return the property stolen, the culprit must pay the
value of the property stolen.
APPEAL- a request to a higher (appellate) court for that court to review and change the
decision of a lower court
ASSAULT- a threat or use of force on another that causes that person to have a reasonable
apprehension of imminent harmful or offensive contact; the act of putting another person
in reasonable fear or apprehension of an immediate battery by means of an act amounting
to an attempt or threat to commit a battery.
ACQUITTAL- a jury verdict that a criminal defendant is not guilty or the finding of a judge
that the evidence is insufficient to support a conviction.
BATTERY- the application of force to another, resulting in harmful or offensive contact.
BRIBERY- The corrupt payment, receipt, or solicitation of a private favor for official action.
COUNTERFEITING- the forging, copying, or imitating of something (usually money) without
a right to do so and with the purpose of deceiving or defrauding.
TREASON- is a breach of allegiance to a government committed by a person who owes
allegiance to it.
ALLEGIANCE- is meant the obligation of fidelity and obedience which the individuals owe to
the government under which they live or to their sovereign, in return for the protection
they receive.
NEUTRALITY- a nation or power which takes no part in a contest of arms going on between
others is referred to as neutral.
CORRESPONDENCE- is communication by means of letters, or it may refer to the letters
which pass between those who have friendly or business relations.
DOCUMENT- is any written statement by which a right is established or an obligation
extinguished. A document is a writing or instrument by which a fact may be proven and
affirned.
PIRACY-it is robbery or forcible depredation on the high seas, without lawful authority and
done with animo furandi and in the spirit and intention of universal hostility.
MUTINY- it is the unlawful resistance to a superior officer, or the raising of commotions
and disturbances on board a ship against the authority of its commander.
PROBABLE CAUSE- probable cause can be defined as such facts and circumstances which
would lead a reasonable discreet and prudent man to believe that an offense has been
committed and that the object sought in connection with the offense are in the place
sought to searched.
SEARCH WARRANT- is an order in writing issued in the name of the People of the
Philippines signed by a judge and directed to a peace officer, commanding him to search for
personal property described therein and bring it before the court.
MISPRISION OF TREASON- every person owing allegiance to the government of the
Philippine Islands, without being a foreigner, and having knowledge of any conspiracy
against them, conceals or does not disclose and make known the same, as soon as possible
to the governor or fiscal of the province, or the mayor or the fiscal of the city in which he
resides.
SEDITION- in its general sense, is the raising of commotions or disturbances in the State.
CHARIVARI-the term charivari includes a medley of discordant voices, a mock serenade of
discordant noises made on kettles, tins horns, etc.., designed to annoy and insult.
ESPIONAGE- Without authority therefor, enters a warship, fort, or naval or military
establishment or reservation to obtain any information, plans, photographs, or other data
of a confidential nature relative to the defense of the Philippine Archipelago; or (2) Being in
possession, by reason of the public office he holds, of the articles, data, or information
referred to in the preceding paragraph, discloses their contents to a representative of a
foreign nation.
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS. — The penalty of reclusion
temporal shall be imposed upon any public officer or employee, and that of prision mayor
upon any private individual, who, by unlawful or unauthorized acts provokes or gives
occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino
citizens to reprisals on their persons or property.
VIOLATION OF NEUTRALITY — The penalty of prision correccional shall be inflicted upon
anyone who, on the occasion of a war in which the Government is not involved, violates
any regulation issued by competent authority for the purpose of enforcing neutrality.
FLIGHT TO ENEMY’S COUNTRY. — The penalty of arresto mayor shall be inflicted upon any
person who, owing allegiance to the Government, attempts to flee or go to an enemy
country when prohibited by competent authority.
PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS — The penalty of reclusion temporal
shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or,
not being a member of its complement nor a passenger, shall seize the whole or part of the
cargo of said vessel, its equipment, or personal belongings of its complement or passengers
EXPULSION — The penalty of prision correccional shall be imposed upon any public officer
or employee who, not being thereunto authorized by law, shall expel any person from the
Philippine Islands or shall compel such person to change his residence.
VIOLATION OF DOMICILE. — The penalty of prision correccional in its minimum period
shall be imposed upon any public officer or employee who, not being authorized by judicial
order, shall enter any dwelling against the will of the owner thereof, search papers or other
effects found therein without the previous consent of such owner, or having surreptitiously
entered said dwelling, and being required to leave the premises, shall refuse to do so.
DWELLING- means any building or structure exclusively devoted for rest and comfort as
distinguished from places devoted to business, offices, etc..,
INHABITED HOUSE- is any shelter, ship or vessel constituting the dwelling of one or more
persons even though the inhabitants thereof are temporarily.
PUBLIC BUILDING-is every building owned by the government or belonging to a private
person but used or rented by the government, although temporarily unoccupied by the
same.
PREMISES- premises signifies distinct and definite locality. It may mean a room, shop,
building or definite area, but in either case, locality is fixed.
GRAVE THREATS- any person who shall threaten another with the infliction upon the
person, honor, or property of the latter or of his family of any wrong amounting to a crime.
UNJUST VEXATION- unjust vexation includes any human conduct which, although not
productive of some physical or material harm would, however, unjustly annoy or vex an
innocent person.
SEIZE- it means to place in the control of someone a thing or to give him the possession
thereof.
ROBBERY- is the taking of personal property belonging to another, with intent to gain, by
means of violence against, or intimidation of any person, or using force upon things.
FALSE KEYS- are genuine keys stolen from the owner or any keys other than those intended
by the owner for use in the lock forcibly opened by the offender.
BRIGANDAGE- is a crime committed by more than three armed persons who form a band
of robbers for the purpose of committing robbery in the highway or kidnapping persons for
the purpose of extortion or to obtain ransom, or for any other purpose to be attained by
means of force and violence.
PHILIPPINE HIGHWAY- it shall refer to any road, street, passage, highway and bridges or
other parts thereof, or railway or railroad within the Philippines used by persons, or
vehicles, or locomotives or trains for the movement or circulation of persons or
transportation of goods, articles, or property or both.
THEFT- theft is committed by any person who, with intent to gain but without violence
against or intimidation of persons nor force upon things, shall take personal property of
another without the latter’s consent.
FENCING- is the act of any person who, with intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in
any other manner deal in any article, item, object or anything of value which he knows, or
should be known to him, to have been derived from the proceeds of the crime of robbery
or theft.
ENCUMBRANCE- the term incumbrance includes every right or interest in the land which
exists in favour of third persons.
MALICIOUS MISCHIEF- malicious mischief is the wilful damaging of another’s property for
the sake of causing damage due to hate, revenge or other evil motive.
ADULTERY- adultery is committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who has carnal knowledge of her,
knowing her to be married, even if the marriage be subsequently declared void.
LEWD- lewd is designed as obscene, lustful, indecent, and lecherous. It signifies the form of
immorality which has relation to moral impurity; or that which is carried on a wanton
manner.
CONCUBINAGE- any husband who shall keep a mistress in the conjugal dwelling, or, shall
have sexual intercourse, under scandalous circumstances, with a woman who is not his
wife, or shall cohabit with her in any other place.
COHABIT- the term cohabit means to dwell together, in the manner of husband and wife,
for some period of time, as distinguished from occasional, transient interviews for unlawful
intercourse.
SEDUCTION- seduction means enticing a woman to unlawful sexual intercourse by promise
of marriage or other means of persuasion without use of force.
ABDUCTION- is meant the taking away of a woman from her house or the place where she
may be for the purpose of carrying her to another place with intent to marry or to corrupt
her.
BIGAMY- any person who shall contract a second or subsequent marriage before the
former marriage has been legally dissolved, or before the former marriage has been legally
dissolved, or before the absent spouse has been declared presumptively dead by means of
a judgment rendered in the proper proceedings.
LIBEL- is a defamation committed by means of writing, printing, lithography, radio,
phonograph, painting or theatrical or cinematographic exhibition, or any similar means.
SLANDER- slander is oral defamation, it is libel committed by oral (spoken) means, instead
of in writing. The term oral defamation or slander as now understood, has been defined as
the speaking of base and defamatory words which tend to prejudice another in his
reputation, office, trade, business or means of livelihood.
MISFEASANCE- is the improper performance of some act which might lawfully be done
MALFEASANCE- is the performance of some act which ought not to be done.
NONFEASANCE-is the omission of some act which ought to be performed.
INFANTICIDE- the killing of any child less than three days of age, whether the killer is the
parent or grandparent, any other relative of the child, or a stranger.
DUEL- it is a formal or regular combat previously concerted between two parties in the
presence of two or more seconds of lawful age on each side, who make the selection of
arms and fix all the other conditions of the fight.
MUTILATION- means the lopping or the clipping off of some part of the body.
DEFORMITY- is meant physical ugliness, permanent and definite abnormality. It must be
conspicuous ad visible.
ARREST- A restraint on person, depriving one of his own will and liberty, binding him to
become obedient to the will of the law
PROOF- It refers to the accumulation of evidence sufficient to persuade the trial court.
QUANTUM OF EVIDENCE– the totality of evidence presented for consideration
QUANTUM OF PROOF – refers to the degree of proof required in order to arrive at a
conclusion.
BURDEN OF EVIDENCE – the duty of a party of going forward with evidence.
BURDEN OF PROOF – the duty of the affirmative to prove that which it alleges.
COLLATER MATTERS – matters other than the fact in issue and which are offered as a basis
for inference as to the existence or non-existence of the facts in issue.
PROBATIVE VALUE – It is the tendency of the evidence to establish the proposition that it is
offered to prove.
ANTECEDENT CIRCUMTANCES – facts existing before the commission of the crime [i.e.
hatred, bad moral character of the offender, previous plan, conspiracy, etc.]
CONCOMITANT CIRCUMTANCES – facts existing during the commission of the crime [i.e.
opportunity, presence of the accused at the scene of the crime, etc.]
SUBSEQUENT CIRCUMTANCES – facts existing after the commission of the crime [i.e. flight,
extrajudicial admission to third party, attempt to conceal effects of the crime, possession of
stolen property, etc.]
CONFESSION – an acknowledgement of guilt.
ADMISSION – an acknowledgment of facts
RELEVANT EVIDENCE – evidence having any value in reason as tending to prove any matter
provable in an action.
MATERIAL EVIDENCE – evidence is material when it is directed to prove a fact in issue as
determined by the rules of substantive law and pleadings.
COMPETENT EVIDENCE – not excluded by law.
DIRECT EVIDENCE – proves the fact in issue without aid of inference or presumptions.
CIRCUMSTANTIAL EVIDENCE - the proof of fact or facts from which, taken either singly or
collectively, the existence of a particular fact in dispute may be inferred as necessary or
probable consequence.
POSITIVE EVIDENCE– evidence which affirms a fact in issue
NEGATIVE EVIDENCE- evidence which denies the existence of a fact in issue.
REBUTTING EVIDENCE – given to repel, counter act or disprove facts given in evidence by
the other party.
PRIMARY/BEST EVIDENCE – that which the law regards as affording the greatest certainty.
SECONDARY EVIDENCE – that which indicates the existence of a more original source of
information.
EXPERT EVIDENCE – the testimony of one possessing knowledge not usually acquired by
other persons.
PRIMA FACIE EVIDENCE – evidence which can stand alone to support a conviction unless
rebutted.
CONCLUSIVE EVIDENCE – incontrovertible evidence
CUMULATIVE EVIDENCE – additional evidence of the same kind bearing on the same point.
CORROBORATIVE EVIDENCE – additional evidence of a different kind and character tending
to prove the same point as that of previously offered evidence.
CHARACTER EVIDENCE – evidence of a person’s moral standing or personality traits in a
community based on reputation or opinion.
DEMEANOR EVIDENCE – the behavior of a witness on the witness stand during trial to be
considered by the judge on the issue of credibility.
DEMONSTRATIVE EVIDENCE – evidence that has tangible and exemplifying purpose.
HEARSAY EVIDENCE – oral testimony or documentary evidence which does not derive its
value solely from the credit to be attached to the witness himself.
TESTIMONIAL EVIDENCE – oral averments given in open court by the witness.
OBJECT/AUOTOPTIC PROFERRENCE/REAL EVIDENCE – those addressed to the senses of
the court (sight, hearing, smell, touch, taste).
DOCUMENTARY EVIDENCE – those consisting of writing or any material containing letters,
words, numbers, figures, symbols or other modes of written expression offered as proof of
its contents.
BURDEN OF PROOF– the duty of a party to present evidence on the facts in issue necessary
to establish his claim or defense by the amount of evidence required by law.
PRESUMPTION – an inference as to the existence of a fact not actually known, arising from
its usual connection with another which is known or a conjecture based on past experience
as to what course human affairs ordinarily take.
CONCLUSIVE PRESUMPTIONS [jure et de jure] – based on rules of substantive law which
cannot be overcome by evidence to the contrary.
DISPUTABLE PRESUMPTIONS – based on procedural rules and may be overcome by
evidence to the contrary.
ESTOPPEL BY RECORD OR JUDGEMENT – the preclusion to deny the truth of matters set
forth in a record, whether judicial or legislative, and also deny the facts adjudicated by a
court of competent jurisdiction
ESTOPPEL BY DEED– a bar which precludes a party to a deed and his privies from asserting
as against the other and his privies any right or title in derogation of the deed or denying
the truth of any material fact asserted in it
ESTOPPEL IN PAIS – based upon express representation or statements or upon positive acts
or conduct.
ESTOPPEL AGAINST TENANT – the tenant is not permitted to deny the title of his landlord
at the time of the commencement of the relation of landlord and tenant between them.
DIRECT EXAMINATION– the examination in chief of a witness by the party presenting him
on the facts relevant to the issue.
CROSS EXAMINATION – the examination by the adverse party of the witness as to any
matter stated in the direct examination, or connected therewith, with sufficient fullness
and freedom from interest or bias, or the reverse, and to elicit all important facts bearing
upon the issue.
RE-DIRECT EXAMINATION – second questioning by the proponent to explain or
supplement answers given in the cross examination
RE-CROSS EXAMINATION – second questioning by the adverse party on matters stated on
the re-direct and also on such matters as may be allowed by court.
LEADING QUESTION –It is one where the answer is already supplied by the examiner into
the mouth of the witness.
MISLEADING QUESTION – a question which cannot be answered without making an
unintended admission.
COMPOUND QUESTION –a question which calls for a single answer to more than one
question.
ARGRUMENTATIVE QUESTION – a type of leading question which reflects the examiners
interpretation of the facts.
SPECULATIVE QUESTION – a question which assumes a disputed fact not stated by the
witness as true.
CONCLUSIONARY QUESTION – a question which asks for an opinion which the witness is
not qualified or permitted to answer.
CUMULATIVE QUESTION – a question which has already been asked and answered.
CRIMINAL PROCEDURE - It is a generic term used to describe the network of laws and rules
which govern the procedural administration of criminal justice.
CRIMINAL JURISPRUDENCE - The authority to hear and decide a particular offense and
impose punishment for it.
SUBJECT MATTER – cases of the general class where the proceedings in question belong as
determined by the nature of the offense and the penalty imposed by law.
TERRITORY – the geographical limits of the territory over which the court presides and
where the offense was committed.
PRELIMINARY INVESTIGATION – It is an inquiry or proceeding to determine whether there
is sufficient ground to engender a well-founded belief that a crime has been committed and
the respondent is probably guilty thereof, and should be held for trial.
ARREST- The taking of a person in custody in order that he may be bound to answer for the
commission of an offense.
HOT PURSUIT ARREST – when an offense has just been committed and he has probable
cause to believe based on personal knowledge of facts or circumstances that the person
arrested has committed it.
BAIL - The security given for the release of a person in custody of the law, furnished by him
or a bondsman, to guarantee his appearance before any court as required under the
conditions of law.
ARRAIGNMENT - The initial step in a criminal prosecution whereby the defendant is
brought before the court to hear the charges and to enter a plea.
EVIDENCE - sanctioned by the rules, for ascertainment in a judicial proceeding, the truth,
respecting a matter of fact.
COMPLAINT – A complaint is a sworn written statement charging a person with an offense
INFORMATION – is an accusation in writing charging a person with an offense.
THE MIXED SYSTEM – the so-called mixed system is a good combination of the good
features and characteristic of the inquisitorial and the accusatorial system.
THE ACCUSATORIAL – under this system of procedure, prosecution of crimes is conducted
either at the initiative of the public prosecutor or of the offended party himself.
THE INQUISITORIAL SYSTEM – this system in criminal procedure is characterized by secrecy
of investigation, the employment of torture and violence to obtain confession from the
accused, the denial of right of confrontation and of the right of counsel, and of appeal in all
cases.
JURISDICTION - as the authority to hear and determine a cause.
VENUE - is a geographical division in which an action is brought to trial.
JOHN DOE WARRANT - It is one issued to person whom the witnesses cannot identify
PROPERTY BOND - is an undertaking constituted as a lien on the real property given as
security for the amount of the bail
FACTUM PROBANDUM - is the ultimate fact sought to be established.
FACTUM PROBANS - is the evidentiary fact by which the ultimate fact is to be established.
REBUTTAL EVIDENCE - is that which is given to explain, repel, counteract or disprove facts
given in evidence by the adverse party.
SUR REBUTTAL - is that which is given to repel, counteract or disprove facts given in
rebuttal evidence.
IRRELEVANT EVIDENCE - is that which has no tendency in reason to establish the
probability or improbability of a fact issue.
INCOMPETENT EVIDENCE - is one who excluded by law either on grounds of its
immateriality, irrelevancy, and want of credibility or for any other reason.
INADMISSABLE EVIDENCE - is that which is irrelevant to the issue or which is excluded by
the rules of evidence.
IMMATERIAL EVIDENCE - is that which is not directed to prove a fact in issue as
determined by the rules of substantive law and of pleadings
JUDICIAL NOTICE - means no more than that the court will bring to its aid and consider,
without proof of the facts its knowledge of those matters of public concern which are
known by all well informed persons.
EXTRA JUDICIAL ADMISSION - are those made out of the court or in judicial proceeding
other than the one under consideration.
DYING DECLARATION. - The declaration of a dying person, made under the consciousness
of an impending death,
PART OF THE RES GESTAE. – Statements made by a person while a startling occurrence is
taking place or immediately prior to or subsequent thereto with respect to the
circumstances thereof
PREJUDICIAL QUESTION - It is a question, which arises in a case the resolution of which is a
logical antecedent of the issue or issues involved in said cases, and the cognizance of which
pertains to another tribunal.
ERROR OF JUDGEMENT - An error of judgment is one, which the court may commit in the
exercise of its jurisdiction.
ERROR OF JURISDICTION - An error of jurisdiction renders an order or judgment void or
void able
CRIMINAL JURISPRUDENCE TERMINOLOGIES
Abandonment - a parent or guardian leaving a child without adequate supervision for the child's needs for an
excessive period.
Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven guilty beyond
reasonable doubt of the crime charged.
Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong or protection
of a right.
Actus reus - proof that a criminal act has occurred.
Adjudicated - settled in a court of law.
Adjudicated father - man determined by the court to be the father usually through a court action and genetic
testing.
Adjudication - giving or pronouncing a judgment or decree;also the judgment given.Decision made by a court
or administrative agency with respect to a case.
Administrative documentation - records such as case-related conversations, evidence receipts, description of
evidence packaging and seals, and other pertinent information.
Administrative review - an evaluation of the case report and supporting documentation for consistency with
laboratory policies, editorial correctness and compliance with the submission request.
Admissible - evidence that can be legally and properly introduced in a civil or criminal trial.
Adoption - legal proceeding in which an adult takes as his/her lawful child an individual usually a minor who is
not the adoptive parents or natural offspring.
Adversary system - trial methods in which opposing parties are given full opportunity to present and establish
their evidence and to test by cross-examination the evidence presented by their adversaries under established
rules of procedures before an impartial judge.
Affidavit - a sworn statement by a witness.
Affirmative defense - without denying the charge, defendant raises extenuating or mitigating circumstance
such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility.
Affirmed - in the practice of the appellate court, the word means that the decree or order at issue is declared
valid and will stand as rendered in the lower court.
Amicus curiae - friend of the court, a person who petitions the court for permission to provide information to
the court on a matter of law that is in doubt or one who is not a party to a lawsuit but who is allowed to
introduce evidence, arguments or authority to protect one's interest.
Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher court.Request to a
higher court to change the decision of a trial court, usually appeals are made and decided on questions of law
only.Issues of fact are left to the trial judge discretion.
Arraignment - in a criminal case, the proceeding in which an accused person is brought before a judge to hear
the charges filed against him or her and to enter a plea of guilty or not guilty.
Arrest - process of taking a person into custody.
Assault - intentional display of force that would give the victim reason to fear or expect immediate bodily
harm.
Attest - to bear witness; to affirm as true or genuine.
Attorney-at-law - an officer in a court of justice who is employed by a party in a case to manage it for him.
Bail - money or security given to secure a person's release from custody which is at risk should he/she
subsequently fail to appear before the court.
Bail bond - the obligation signed by the accused to secure his/her presence at the trial which he/she may lose by
not properly appearing for trial.
Bailiff - a court attendant who keeps order in the court room.
Bar - the term means the whole body of lawyer's.Historically, the partition separating the general public from
the space occupied by the judge's, lawyer's, and other participants in a trial.
Battered woman syndrome - a collection of symptoms that are manifest in women who have suffered
prolonged and extensive abuse from their spouses.
Beyond reasonable doubt - the standard in a criminal case requiring that court be satisfied to a moral certainty
that every element of a crime has been proven by the prosecution, all reasonable doubt are removed from the
mind of the ordinary person.
Bill of Particulars - a statement used to inform the defense of the specific occurrences intended to be
investigated in trial and to limit the course of evidence to the particular scope of the inquiry.An amplification of
the pleading.
Booking - the process of photographing, fingerprinting, and recording identifying data of a suspect following
arrest.
Brief - a written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case
and the applicable law.
Brutalization - the proposition that the use of capital punishment actually increases the crime rate by sending a
message that it is acceptable to kill those who have wronged us.
Capital crime - a crime punishable by death.
Case law - law created as a by-product of a court decisions made in resolving unique disputes as distinguished
from statutory law.
Case records - all notes, reports, custody, records, charts, analytical data, and correspondence generated
pertaining to a particular case.
Caveat - a warning; a note of caution.
Certification - procedure by which a certifying body formally recognizes that a body or person complies with
given qualifications.
Chambers - a judge's private office.
Child abuse - act of commission that is not accidental and that harms or threatens to harm a child's physical or
mental health or welfare.
Child neglect - failure of a parent or other person legally responsible for a child's welfare to provide for the
child's basic needs and a proper level of care with respect to food, clothing, shelter, hygiene, medical attention ,
or supervision.Child neglect is an act of omission.
Circumstantial evidence - that evidence that only suggests an association with a past occurrence.Any evidence
in a case for which an inference is needed to relate it to the crime.Not observed by an eyewitness.Fact from
which another fact can be reasonably inferred.
Civil commitment - the legal proceeding by which a person who is mentally ill and imminently dangerous is
involuntarily committed to a psychiatric hospital.
Closing argument - also known as final argument, attorney's final statement to the court summing up the case
and the points points proven as well as those points not proven by opposing counsel.
Common law - body of law based on judicial decisions (precedents or customs and usage) generally derived
from justice, reason and common sense rather than legislative enactments.
Competency - possession of characteristics that qualify a witness to observe, recall, and testify under oath;
personal qualification of the witness to give testimony which differs from the witness ability to tell the truth.
Complainant - the party who complain or sues, one who applies to the court for legal redress, also called the
plaintiff.
Concur - to agree with the judgment of another.When one court concurs with another, it agrees with or follows
the precedent set by that court's decision.
Concurrent sentence - sentences for more than one violation that are to be served at the same time rather that
one after the other.
Confession - an oral or written statement acknowledging guilt.
Consent search - exception to the requirement for a search warrant; written or oral permission is required from
a person with authority to give it.
Conspiracy - a combination of two or more person whose purpose is to commit unlawful or criminal act or to
commit a lawful act by criminal means.
Contempt of court - willful disobedience of a judge's command or of an official court order.
Continuance - court order that postpones legal action, such as a court hearing until later time.
Conviction - a judgment of guilt against a criminal defendant.
Corpus delicti - the proof that a crime has been committed, consisting of two components 1. that each element
of the crime be satisfied 2. that someone is responsible for inflicting the injury or loss sustained.
Court martial - military tribunal that has jurisdiction over offenses against laws of the service in which the
member is engaged.Military status is not sufficient,the crime must be service connected.
Court order - directive issued by the court, and is enforceable as law; written command or directive given by
the judge.
Court of Appeals - a court that hears an appeal after a trial court has made a judgment.
Criminal prosecution - process that begins with the filing of charges against a person who has allegedly
violated criminal law and includes the arraignment and trial of the defendant.Criminal prosecution may result in
fine, restitution, imprisonment, or probation.
Cross-examination - the questioning of a witness produced by the other side.
Custody hearing - legal process, usually in family and juvenile court, to determine who has the right
Damages - money awarded by a court to a person injured by the unlawful act or negligence of another person.
Dauber test - a standard for determining the reliability of scientific expert testimony in court currently adopted
by many jurisdictions.Five factors are utilized to assess the scientific theory or technique testing of theory, use
of standards and control, peer review, error rate, and acceptability in the relevant scientific community.
Decision - the judgment reached or given by a court of law.
Default judgment - a decision of the court against the defendant because of failure to respond to a plaintiff's
action.
Defendant - in a civil case, the person being sued. In a criminal case, the person charged with a crime.
Deposition - oral or written testimony under oath but outside the court room.
Detention - temporary confinement of a person by a public authority.
Diminished capacity - a variation of the insanity defense that is applicable if the defendant lacks the ability to
meaningfully premeditate the crime.
Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken as distinguished from
circumstantial or indirect evidence.Information offered by witnesses who testify about their own knowledge of
the facts.
Direct examination - the first questioning of witnesses by the party in whose behalf they are called.
Direct questions - queries that are phrased in a positive and confident manner, are stated clearly and address
the topic in a forthright manner.
Discovery - a pre-trial procedure by which one party can obtain vital facts and information material to the case
to assist in preparation for the trial.The purpose of discovery is to make for a fair trial and to allow each party to
know what document and information the opponents has in its possession.
Dismissal - action by the court that removes the court's jurisdiction over a given case.
Diversion - the process of removing some minor criminal, traffic or juvenile cases from the full judicial process
on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.Diversion
may take place before the trial or its equivalent.
Docket - a list of cases to be heard by the court.
Double jeopardy - putting a person on trial more than once for the same crime.
Dying declaration - a statement made just prior to death with the knowledge of impending death.Also called
ante-Morten statement.
Element of a crime - specific factors that define a crime, every element of which the prosecution must prove
beyond a reasonable doubt in order to obtain a conviction.
Entrapment - an act by enforcement agencies that lures an individual into committing a crime not otherwise
contemplated for the purpose of prosecuting him/her.
Evidentiary standards - guidelines used in examining evidence to determine whether it has been legally
collected and whether it is factual and legally proves or is relevant to the case being heard.
Ex-parte order - an order issued by a judge on its own.
Exclusionary rule - the rules that defines whether evidence is admissible in a trial.
Exigent circumstances - exception to the requirement for a search warrant when there is no time to get a
warrant and failure to search will lead to destruction or concealment of evidence, injury to police or others, or
escape of the suspect.
Expert testimony - statements given to the court by witnesses with special skills or knowledge in some arts,
science, profession, or technical area.Experts educate the court by assisting it in understanding the evidence or
in determining an issue of fact.
Expert witness - a legal term used to describe a witness who by reason of his/her special technical training or
experience is permitted to express an opinion regarding the issue or a certain aspect of the issue that is involve
in a court action.
Expunge - to strike out, obliterate, or mark for deletion from the court record.
Extradition - the process by which one state surrenders to another state a person accused or convicted of a crime
in the other state.
Felony - a crime of a graver nature than a misdemeanor, usually punishable by imprisonment in a penitentiary
for more than a year or a substantial fine.
Fence - a person in the business of buying stolen goods, usually for resale; to buy or sale stolen goods.
Fraud - an intentional misrepresentation or deception employed to deprive another of property or a legal right
or to otherwise do them harm.
Frye standard - a set of standards set by the the court of appeals of the district of Columbia in 1923 in the U.S
in Frye vs. the United states.The standards in general define when a new scientific test should be admissible as
evidence in the court system.
Frye test - a test emphasizing that the subject of an expert witness's testimony must conform to a generally
accepted explanatory theory.
Gag order - a trial judge's order to attorney's and witnesses not to talk to the press about the case.
Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are entitled to the same due
process rights as adults the right to counsel, the right to notice of the charges, the right to confront and cross-
examine a witness, the right to remain silent, and the right to subpoena witnesses in defense.
Habeas corpus - a writ that commands that a person be brought before a judge.A writ of habeas corpus is a
legal document that forces law enforcement authorities to produce a prisoner they are holding and to legally
justify his or her detention.
Hearing - judicial or legal examination of the issues of law and fact between the parties.
Hearsay - a statement made during a trial or hearing that is not based on the personal, first hand knowledge of
the witness.Statement made out of court and offered in court to support the truth of the facts asserted in the
statement.
Hearsay rule - the regulation making a witness's statement inadmissible if it is not based on personal
knowledge unless it falls within certain exceptions.
Holographic document - any document completely written and signed by one person.A holographic may be
probated without anyone having witnessed its execution.
Hostile witness - a witness whose testimony is not favorable to the party who calls him or her as witness.
Immunity - grant by the court in which someone will not face prosecution in return for providing criminal
evidence.
Inadmissible evidence - the testimony/evidence that the judge rules as not proper and hence instructs its
disregard.
Incompetency - lacking the physical, intellectual,or moral capacity or qualification to perform a required duty.
Indeterminate sentence - a sentence of imprisonment to a specified minimum and maximum period of time,
specifically authorized by statute, subject to termination by a parole board or or other authorized agency after
the prisoner has served the minimum term.
Infraction - a violation of law not punishable by imprisonment.Minor traffic offenses are generally considered
infractions.
Injunction - a preventive measure by which a court orders a party to refrain from doing a particular act.A
preliminary injunction is granted provisionally until a full hearing can be held to determine if it should be made
permanent.
Interrogatories - set of specialized questions sent by one attorney to another concerning requested information
of their respective clients relevant to the case.
Judgement - the final disposition of a case.
Judgement,default - default judgment is rendered because of the defendant's failure to answer or appear.
Judgement,summary - summary judgment is given on the basis of pleadings, affidavits, and exhibits presented
for the record without any need for a trial.It is used when there is no dispute as to the facts of the case and one
party is entitled to judgement as a matter of law.
Judicial review - authority of a court to review the official actions of other branches of government, also the
authority to declare unconstitutional the actions of other branches.
Jurisdiction - the nature and scope of a court's authority to hear or decide a case.Inherent power and authority
of a particular court to hear and determine cases.
Justice - fairness, providing outcomes to each party in line with what they deserve.
Juvenile - characteristic of youth, youth means under 18 years of age.
Juvenile court - a court which decides criminal charges brought against children under 18 years of age.
Leading question - a question that suggest the answer desired of a witness.A party generally may not ask one's
own witness leading questions, leading questions may be ask only of hostile witnesses and on cross-
examination.
Legal custody - right and responsibility to make the decisions regarding the health, education and welfare of a
child/person.
Liable - responsible or answerable for some action.
Litigation - a case, controversy, or lawsuit.
Malfeasance - the commission of an unlawful, wrongful act; any wrongful conduct that affects, interrupts, or
interferes with the performance of official duties.
Malpractice - improper or unethical conduct by the holder of a professional or official position.
Mass murder - a murder incident in which several victims are killed simultaneously or within a relatively short
period of time in the same general area.
Miranda warning - requirements that police tells a suspect in their custody of his/her constitutional right
before they questions him.Result of the Miranda vs. Arizona ruling.Law enforcement procedure that forewarns
suspects of their right to remain silent when in police custody.Violation of this right makes the suspect's
confession inadmissible in evidence.
Misdemeanor - criminal offenses considered less serious than felonies.Misdemeanor are generally punishable
by fine or a limited local jail term in the local jail.
Mistrial - a trial that is terminated before its normal conclusion and declared invalid prior to judgment.
Mitigating circumstance - factors such as age, mental capacity, motivation, or duress which lessens the degree
of guilt in a criminal offense and thus the nature of the punishment.
M'naghten rule - the test applied for the defense of insanity.Under this test, an accused is not criminally
responsible if suffering from a mental disease or defect at the time of committing the act and not understanding
the nature and quality of the act or that what was done was wrong.
Moot - is one not subject to a judicial determination because it involves an abstract question or a pretended
controversy that has not yet actually arisen or has already passed.
Motion - an application for a rule or order, made to a court or judge.An application to the court requesting an
order or a rule in favor of the applicant.
Objection - the process by which one party takes exception to some statement or procedure.An objection is
either sustained or overruled by the judge.If the judge overrules the objection, the witness may answer the
question.If the judge sustain the objection, the witness may not answer the question.
Omnibus hearing - hearing held in criminal court to dispose of appropriate issues such as whether evidence is
admissible before trial so as to ensure a fair and expeditious trial and avoid a multiplicity of court appearances.
Opening statements - not part of the evidence, these orations made by the lawyers on each side gives an
overview of the evidence that will be presented during the trial.
Opinion - conclusion reported by a witness who qualified as an expert on a given subject.
Order - any written directive of a court or judge other than a judgment.
Order to show cause - order to appear in court and present reasons why a particular order should not be
executed.
Overrule - judge's decision not to allow an objection.Decision by a higher court finding that a lower court
Pardon - a form of executive clemency removing or extinguishing criminal convictions.
Physical evidence - any tangible article that tends to prove or disprove a point in question.
Plain view - an exception to the requirement for a search warrant, when there is an evidence of a crime in plain
view by a person who sees it lawfully.
Plaintiff - the complaining party in litigation.
Plea - in a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or not
guilty.The defendant's answer to the charges made in the information.
Plea bargaining - the process through which an accused person and a prosecutor negotiate a mutually
satisfactory disposition of a case.
Preliminary hearing - in criminal law, the hearing at which a judge determines whether there is sufficient
evidence against a person charged with a crime to warrant holding him or her for trial.
Preponderance of evidence - the standard for a judgment in a civil suit, the evidence for one side outweighs
that of the other even a slight margin.
Presumption - an inference resulting from a rule of law or the proven existence of a fact that requires such rule
or action to be established in the action.
Pre-trial conference - a meeting between the judge and the lawyers involved in a lawsuit to narrow the issues
in the suit, agree on what will be presented at the trial and make a final effort to settle the case without trial.
Prima facie evidence - evidence that, in the judgment of the law, is good and sufficient to establish a given fact
or a chain of facts making up a party's claim or defense.If such evidence is unexplained or uncontradicted, it is
sufficient to obtain a favorable judgment for the issue it supports, may be contradicted by other evidence.
Probable cause - a reasonable ground for suspicion, supported by the circumstances sufficiently strong to
justify the issuance of a search warrant or to make an arrest.Reasonable ground for believing that a crime has
been committed or that the person committed the crime.
Prosecutor - a trial lawyer representing the government in a criminal case.
Protective custody - the confinement or guardianship of an individual by law enforcement with the objective of
preventing an assault or other crimes against him/her.
Public defender - (ex.PAO)government lawyer who provides free legal defense services to a poor person
accused of crime.
Putative father - a man accused but not proven to be the biological father of an offspring.
Quid pro Quo - something for something, as in making a deal (ex.plea bargaining)
Rape - sexual intercourse between a man and a woman without the women's consent.
Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained by a reasonable or
prudent person.Reasonable doubt requires acquittal.
Reasonable suspicion - a term referring to police officer's justification for stopping and frisking a person.A
mere hunch is not a reasonable suspicion.
Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the adverse party.
Recess - an adjournment of a trial or a hearing that is temporary and occurs after the commencement of the
trial.If there is going to be a substantial delay, it is called continuance.A temporary dismissal is called sine die.
Record - document that furnishes objective evidence of activities performed or results achieved.
Recross - to cross-examine a witness a second time after redirect examination.
Re-direct examination - opportunity to present rebuttal evidence after one's evidence has been subjected to
cross-examination.
Redirect questioning - questioning by the original attorney that follows the opposing counsel's cross-
examination.
Release on recognizance - a court order releasing a defendant from custody on the defendant's written promise
to appear in court when the defendant's case is scheduled for hearing, trial or other proceeding.A defendant who
is released on recognizance is not required to deposit money or other property with the court in order to be
released.
Res gestae - all of the things done or words spoken in the course of the transaction or event;A record of what
was said or done in the first moments of an investigation.
Rest - a party is said o have rest its case when it has presented all of the evidence in intends to offer.
Robbery - felonious taking of another's property from his person or immediate presence and against his will by
means of force or fear.
Rules of evidence - standards governing whether evidence in a civil or criminal case is admissible.
Search and seizure - the body of law that covers the issue of examining a persons property with the intention
of finding evidence not in plain view (search) and taking possession of that property against the will of its
owner or possessor (seizure)
Sentence - a court's determination of the punishment to be inflicted on a person convicted of a crime.
Sentencing - last stage of criminal prosecution in which a convicted defendant is imprisoned, fined, ordered to
pay restitution, or granted a conditional release from custody.
Sequestration of witnesses - also called separation of witnesses, prevents a witness from being influenced by
the testimony of a prior witness.
Statute of limitation - the time within which a lawsuit must be brought ot the time within which evidence must
be analyzed.
Stipulation - an agreement by both sides of a case about some aspect of a lawsuit or criminal trial.
Subpoena - a written command summoning a specific individual to appear in court under penalty for failure to
do so.
Subpoena duces tecum - a court order commanding a witness to bring certain documents or records to court.
Subrogation - substituting one creditor for another.
Summary judgment - decision made by a trial court based on written documentation submitted before any
trials occur.
Summons - a notice to the defendant that he/she has been sued and is required to appear in court.
Suppression hearing - a hearing before a judge, in which one of the attorney's argues that certain evidence
should not be admitted at trial.
Temporary restraining order - (TRO) a judge's order forbidding certain actions until a full hearing can be
heard.
Testimony - evidence given by a witness under oath. does not include evidence from documents and other
physical evidence.
Trial - judicial examination and determination of issues of law and fact disputed by parties to lawsuit.
Trial court - local court that initially hears all cases in dispute.
Validation - confirmation by examination and provision of objective evidence that the particular requirements
for a specific intended use are fulfilled.
Venue - synonymous with the place of trial.
Wanton - characterized by reckless disregard of consequences and the safety and welfare of others.
Warrant - a court order authorizing law enforcement officers to make an arrest or conduct a search.
Warrant of Arrest - an order issued by a judge for the arrest of a person.
Witness - one who testifies to what he/she has seen, heard, or otherwise experienced.
Writ - a mandatory precept issued by an authority in the name of the sovereign or the state for the purpose of
compelling a person to do something.