Criminal Defense Terms and Definitions

Abstract of record A short, abbreviated form of the case as found in the record. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Assault A willful attempt to illegally inflict injury on or threaten a person. 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. 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. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Fourteenth Amendment Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location.

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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.