When you have been charged with a crime, it can be a very stressful and confusing time. There are police, lawyers and courts involved and often the language being used is confusing.
This blog is about the terms we use in law and the meanings of the common words used in Criminal law. I hope this is helpful and if you are in need of a criminal defence lawyer, please call or text me anytime at 604-218-0840.
- Actus reus and mens rea: Guilty act and guilty intentions (an act that is committed with the intentions to commit it)
- Acquittal: In a case where a defendant is found not guilty, the defendant is discharged.
- Adjournment: Postponing or delaying the case to a later date.
- Appeal: Applying a case to a higher court to reverse (change) the decision a lower court has made.
- Beyond a reasonable doubt: What must be proved by the Crown, the defendant is guilty beyond a reasonable doubt.
- Conditional discharge: You are not charged for an offence on the condition that you will not commit that same offence again.
- Crown counsel: The prosecutor in court (opposite of defence or defence counsel) who brings legal action against the defendant.
- Defendant: The person who has a case against them, who will either provide their innocence or an admission of guilt.
- Dismissal: A claim being ended or dismissed.
- Hearsay: Similar to a rumour, saying what you heard someone else say without any further proof.
- Injunction: An order by the judge toward the defendant to either restrain them from an action or to compel them to a certain act.
- Judge: The person who listens to both Crown and defence counsels statements and settles the case.
- Litigation: Legal proceedings or legal action
- Mitigation: Providing evidence to a judge in order to lessen a guilty sentence.
- Oath: Swearing to tell the truth in a court of law.
- Precedent: An earlier case decision that, in cases of the same circumstances, the same decision must be followed.
- Preliminary hearing: The initial hearing before the final to determine whether there is enough grounds or evidence to go to trial.
- Remand: To be held in custody or on bail prior to court appearance.
- Sanction: A penalty imposed on someone.
- Standard of proof: Held by the Crown, it is the standard in which they are able to prove, beyond a reasonable doubt, that the defendant is guilty.
- Summons: An order by the court for an individual to attend court for any legal reason.
- Trial: A hearing in which the case at hand takes place.
- Verdict: The decision of the judge or jury at the end of trial.
