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Word/Term |
Definition |
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2241 |
Statute governing federal habeas corpus post conviction court procedures |
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2244 |
Statute governing federal habeas corpus post conviction court procedures |
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2254 |
Statute governing federal habeas corpus post conviction court procedures |
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2255 |
Statute governing federal habeas corpus post conviction court procedures |
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23.110 motion |
Statute governing District of Columbia post conviction court procedures |
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3582 Motions |
Statute governing the procedures for modifying a sentence |
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440 Motion |
Statute governing State of New York post conviction court procedures |
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4th Amendment |
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
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5th Amendment |
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
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6thAmendment |
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. |
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8th Amendment |
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. |
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924 ( C )
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Federal statute that requires an increase in the severity of the punishment due to the use of a weapon |
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"A"
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Abet |
Encourage or assist to do something wrong |
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Abuse of Trust |
Misuse of the public confidence |
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Acceptance |
Admitting to having committed a crime |
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Accomplice |
An individual that assists in committing a crime |
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Accused |
Individual charged with a crime |
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Acquittal |
When a jury finds an individual not guilty of crimes accused of |
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Administration |
The organization and running of a business or system |
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Administrative |
Remedies available to defendants to address issues concerning the conditions of their confinement. |
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Advocate |
Individual who speaks in defense of an idea |
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Affidavit |
A written statement made of taken under oath before an officer of the court or notary public |
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Affirm |
To agree with the judgment of a previous court |
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Agent |
An individual who works for a government agency |
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Aid |
Help or Support |
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Alien |
An individual who has citizenship in another country and resides in the United States |
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Amend |
To make modifications to a document or proposal |
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Amount of Drugs |
Quantity of illegal narcotics |
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Analysis |
Detail Examination of the elements or structure |
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Anti-Terrorism Act |
Law passed by the U.S. Government to grant law enforcement more powers to investigate terrorist and criminal activity |
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Appeal |
Resort to a superior court to review the decision of an inferior court or administrative agency. |
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Appellate |
Pertaining to or having cognizance of appeals and other proceedings for the judicial review of adjudications. Distinction between original jurisdiction and appellate jurisdiction. |
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Apprehend |
Seize or arrest an individual in the course of unlawful or wrongful action |
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Apprendi |
Court decision in regards to sentencing guidelines and their application to sentencing |
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Argument Development |
The creation of a set of reason given in support of an idea or position |
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Armed |
Involving a firearm |
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Arson |
Deliberately setting fire to property |
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Assistant |
An individual who helps in particular work |
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Asylum |
Protection given to an individual by a state to a political refugee |
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Attorney Assistance |
An individual appointed to act for another in legal matters |
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Attorney Client Privilege |
A clients privilege to correspond and communicate with his or her counsel in privacy |
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Attorneys |
Individuals appointed to act for another in legal matters |
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Audita Querela |
The name of a common law writ constituting the initial process in an action brought by a judgment defendant to obtain relief against the consequences of the judgment on account of some matter of defense or discharge arising since its rendition and which could not be taken advantage of otherwise. May also lie for matters arising before judgment where defendant had no opportunity to raise such matters in defense.
This writ has been abolished in most states that have adopted Rules of Civil Procedure, being supplanted by motion for relief from judgment . Rule of Civil Procedure 60(b). |
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"B"
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Back Ground Checks |
Reviewing the historical past of an individual usually involving criminal records |
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Bail |
Temporary release of an accused person awaiting trial, sometimes requiring an amount of money to assure the defendant will appear |
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Bar |
Organization governing attorney behavior and ethics, an exam for attorneys to practice law |
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Blakely |
Case decided by the supreme court in reference to sentencing of individuals found guilty of crimes |
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Blakely vs. Washington |
Case decided by the supreme court in reference to sentencing of individuals found guilty of crimes |
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Bond |
A written promise to pay money or do some act if certain things happen |
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Booker |
Decision by the court in reference to the use of the sentencing guidelines |
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Boot Camp |
Alternative sentencing a program for non violent offenders |
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Bootcamp Program |
Alternative sentencing a program for non violent offenders |
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Breaking and Entering |
Force able access and going into a building or dwelling |
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Brief |
Summary of facts in a case to be argued in court |
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Bureau of Prisons ( BOP) |
Agency with the responsibility of housing individuals convicted of a crime |
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Business Law |
Rules governing the practice of operating a business |
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"C"
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Campaign |
Organized activities to achieve a goal |
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Career Offenders |
Individual who has committed several offenses over the course of his/her life |
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Case Cites |
Identification of cases used to support an argument |
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Case Law |
Applicable law that has been decided by previous cases |
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Charge |
Accuse someone of an offense under the law |
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Charge to the Jury |
Accusations posed to a group of people rendering a decision in a criminal case |
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Citation |
A location where information can be found |
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Citizen |
A legally recognized individual of a state or commonwealth |
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CJA assistance |
Court Appointed Legal Assistance/ paid for by the government |
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Claim |
To state with out being able to give proof |
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Classification |
A category that things are placed in |
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Clemency |
The power of a President or Governor to release a prison of his sentence |
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Co-Counsel |
Assistant Attorney to lead counsel |
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Cocaine |
An drug made from the cocoa plant or can be made in a laboratory |
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Cocaine Base |
Cocaine= and >cocaine base= carry the same chemical meaning (the word "base" merely refers to the fact that cocaine is a base) |
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Commerce Clause |
A statement in the constitution which grants the federal government the power to regulate interstate commerce |
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Commonwealth |
A group that maintains local authority but is united to a larger governing body |
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Community Treatment Center Placement |
Placing a prisoner in a facility that is located outside of the prison facility where he or she may receive help in over coming a substance abuse problem or psychological problem |
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Compact Transfers
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The movement of prisoners under the care of the department of corrections of a state to another state based on the agreements or contracts between the states |
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Confinement |
Restricting within the boundaries of a given location |
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Confinement Conditions |
Rules in regards to restricting a persons ability to move about |
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Consent |
Permission |
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Conspiracy |
A plan by a group of individuals to take action |
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Conspiracy Defense |
The act of arguing against the involvement in a group accused of committing an act |
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Constitutional Law |
Rules clearly stated in the Constitution of the United States |
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Continuing Criminal Enterprise |
A ongoing systematic organization of breaking laws |
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Conviction Time Limits |
Statutory Imposed limits on the term of confinement |
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Cooperation |
Working Agreement and Providing assistance to government investigations into ongoing or future criminal activity |
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Correction |
A change that rectifies an error or inaccuracy. |
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Court Appointed Counsel |
An attorney that is assigned by the government to represent a defendant |
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Court Decisions |
Ruling made by a body of people whom judicial cases are heard |
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Court |
A body of people before whom judicial cases are heard |
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Court=s Failure to make Findings |
When a body of people before whom judicial cases are heard is not able to decide a disagreement |
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Crack Cocaine |
Drug deriving from cocaine base |
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Credit for Time Served |
Time a defendant is held until sentenced can be credited into the sentence |
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Criminal |
An individual who violates a criminal code |
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Criminal Law |
Laws governing the conduct of individuals in a society |
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Criminal Victories |
Successful Cases |
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Criminal Conspiracy |
One of more individuals who work together in an effort to break the law |
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Criminal Cases |
Court actions taken involving activity that violates the law |
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Cross Examination |
Examination of a witness in which questions are with in the scope of the direct examination information |
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"D"
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Defendant |
Individual accused of breaking a law |
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Departure - Primary Caretaker |
This is a reason for the judge to disregard the suggestion of the sentencing guidelines because an individual is the sole provider to another individual |
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Deportation |
Delivering a person out of the country in view of a crime usually to their home country |
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Deputy |
An individual who takes over responsibility for a superior when he or she is not present |
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Detainer |
The act of withholding from a person lawfully entitled the possession of land or goods, or restraint of a man=s personal liberty against his will; detention. |
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Direct Examination |
The first interrogation or examination of a witness, on the merits, by the party on whose behalf he is called. The first examination of a witness upon a matter that is no within the scope of a previous examination of the witness. |
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Discrimination |
The act of treating different people by different rules |
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Dismissed counts |
Charges that are removed from an indictment |
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Distribute |
The act of making something available |