Criminal Defense Terms and Definitions

Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Abstract of record A short, abbreviated form of the case as found in the record. Miranda rule The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery) Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed. Fifth Amendment Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal (or juvenile) proceeding. Bench warrant An order issued by the court for the arrest of a person Assault A willful attempt to illegally inflict injury on or threaten a person.

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	Did You Know?
	Res Ipsa Loquitur - Literally, "a thing that speaks for itself." In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.