Criminal Justice System Reviewer 2
Familiarize your self with the following terms:
Acquittal - a finding of not guilty based on the merits.
Bail - security given for the release of a person in custody of law, furnished by him or a bondsman conditioned upon his appearance before any court.
Bail Bond - an obligation under seal given by accused with one or more sureties and
made payable to proper officer with the condition to be void upon performance by
the accused of such acts as he may legally be required to perform.
Capital Offense - an offense which under the law existing at the time of its
commission and of the application for admission to bail may be punished
Complaint - sworn written statement charging a person with an offense, subscribed
by the offended party, any peace officer, or other public officer charged with the
enforcement of the law violated.
Criminal Action - one by which the state prosecutes a person for an act or
omission punishable by law.
Criminal Jurisdiction - authority of the court to hear and try a particular offense
and to impose the punishment provided by law.
Custodial Investigation - it involves the questioning initiated by law
enforcement officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way.
Double Jeopardy - when a person is charged with an offense and the case is
terminated either by acquittal or conviction, or ion any manner without the
express consent of the accused, the latter can not again be charged with
the same or identical offense.
Duplicity of offense - the joinder of separate and distinct offenses in one and the
same information or complaint.
Indemnification - payment of consequential damages suffered by the injured
party, his family, or a third person by reason of the crime.
In Flagrante Delicto - literally, caught in the act of committing the crime.
Information - accusation in writing charging a person with an offense, subscribed
by the prosecutor and filed with the court.
Motion To Quash - a hypothetical admission that even if all the facts alleged were
true, the accused still can not be convicted due to other reasons.
Oath - includes any form of attestation by which a party signifies that he is bound
in conscience ti perform an act faithfully and truthfully.
Parole - the conditional release of an offender from a penal or correctional
institution after he has served the minimum period of his prison sentence
under the continued custody of the state and under conditions that permit
his reincarceration if he violated the conditions of his release.
Plea Bargaining - process whereby the accused and the prosecution in a criminal
case workout a mutually satisfactory disposition of the case subject to court
approval. It usually involves the defendant's pleading guilty to a lesser offense
or to only some of the counts of a multi-count indictment in return for a
lighter sentence than that for the greater charge.
Prejudicial Question - arises when the civil action involves an issue similar or
intimately related to the issue raised in the criminal action and the resolution
of such issue will determine whether the criminal action will proceed or not.
Prescription of the Crime - loss or waiver by the state of its right to
prosecute a crime.
Prescription of penalty - loss or waiver of the state of its right to demand
service of the penalty imposed.
Prima Facie Evidence - denotes evidence which if unexplained or uncontradicted,
is sufficient to sustain a proposition as to counter balance the presumption
of innocence and warrants the conviction of the accused.
Private Crimes - those which can not be prosecuted except upon complaint
filed by the aggrieved or offended party.
Probable Cause - it is the existence of such facts and circumstances as would
execute the belief, in a reasonable mind acting on the facts within the
knowledge of the prosecutor, that the person charged was guilty of the crime
for which he was prosecuted.
Probation - disposition under which a defendant after conviction and sentence,
is released subject to conditions imposed by the court and to the supervision
of a probation officer.
Proof Beyond Reasonable Doubt - degree of proof which produces conviction
in an unprejudiced mind.
Recognizance - obligation of record entered into before some court duly
authorized to take it, with condition to do some particular act, the most
usual condition in criminal cases being the appearance of the accused for trial.
Re-Enactment - a demonstration by the accused of how he committed the
Reasonable Doubt - doubt engendered by an investigation of the whole proof
and an inability after such investigation, to let the mind rest upon the certainty
Reparation - payment of damage caused, taking into consideration the
sentimental value of the thing to the injured party.
Restitution - returning of the thing itself with allowance for deterioration or
diminution of value.
Search Warrant - 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.
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