(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully

take
care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the
following!
1" # dependent child is one who is without a parent, guardian or custodian or one whose parents, guardian
or other custodian for good cause desires to be relieved of his care and custody and is dependent upon the
public for support"
$" #n abandoned child is one who has no proper parental care or guardianship, or whose parents or
guardians have deserted him for a period of at least six continuous months"
%" # neglected child is one whose basic needs have been deliberately unattended or inade&uately attended"
'eglect may occur in two ways!
1" Custodial (roup" )he members of this classification are severely or profoundly retarded, hence, the least
capable group" )his includes those with *"+"s to $,"
$" )rainable (roup" )he members of this group consist of those with *"+"s from about $, to about ,- one
who belongs to this group shows a mental level and rate of development which is 1./ to 1.$ that of the
average child, is unable to ac&uire higher academic skills, but can usually ac&uire the basic skills for living
to a reasonable degree" 0e can likewise attain a primary grade level of education if he receives effective
instruction"
%" 1ducable (roup" )his group2s *"+" ranges from about ,- to about 3,, and the intellectual development is
approximately 1.$ to %./ of that expected of a normal child of the same chronological age" )he degree of
success or accomplishment that they will reach in life depends very much on the &uality and type of
education they receive, as well as on the treatment at home and in the community" 4any of the educable
retardates may reach ,th or 5th grade educational level and can develop occupational skills which may
result in partial or complete economic independence in adulthood"
/" 6orderline or 7ow 'ormal (roup" )his is the highest group of mentally retarded, with *"+"s from about
3, to about 88" )he members of this classification are only slightly retarded and they can usually get by in
regular classes if they receive some extra help, guidance and consideration" )hey have to spend much more
time with their studies than do most children in order to pass" )hose who cannot make it are usually
handicapped by one or more other conditions aside from that of intelligence"
Article 170. Physically Handicapped Children. 9 :hysically handicapped children are th
(a) "6ail" refers to the security given for the release of the person in custody of the law, furnished by
him.her or a bondsman, to guarantee his.her appearance before any court" 6ail may be given in the form of
corporate security, property bond, cash deposit, or recogni;ance"
(b) "6est *nterest of the Child" refers to the totality of the circumstances and conditions which are most
congenial to the survival, protection and feelings of security of the child and most encouraging to the
child2s physical, psychological and emotional development" *t also means the least detrimental available
alternative for safeguarding the growth and development of the child"
(e) "Child" refers to a person under the age of eighteen (18) years"
(d) "Child at <isk" refers to a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family and social circumstances, such as, but not limited to
(e) "Child in Conflict with the 7aw" refers to a child who is alleged as, accused of, or ad=udged as, having
committed an offense under :hilippine laws"
(f) "Community9based :rograms" refers to the programs provided in a community setting developed for
purposes of intervention and diversion, as well as rehabilitation of the child in conflict with the law, for
reintegration into his.her family and.or community"
(g) "Court" refers to a family court or, in places where there are no family courts, any regional trial court"
(h) ">eprivation of 7iberty" refers to any form of detention or imprisonment, or to the placement of a child
in conflict with the law in a public or private custodial setting, from which the child in conflict with the law
is not permitted to leave at will by order of any =udicial or administrative authority"
(i) ">iversion" refers to an alternative, child9appropriate process of determining the responsibility and
treatment of a child in conflict with the law on the basis of his.her social, cultural, economic, psychological
or educational background without resorting to formal court proceedings"
(=) ">iversion :rogram" refers to the program that the child in conflict with the law is re&uired to undergo
after he.she is found responsible for an offense without resorting to formal court proceedings"
(k) "*nitial Contact ?ith9the Child" refers to the apprehension or taking into custody of a child in conflict
with the law by law enforcement officers or private citi;ens" *t includes the time when the child alleged to
be in conflict with the law receives a subpoena under @ection %(b) of <ule 11$ of the <evised <ules of
Criminal :rocedure or summons under @ection 5(a) or @ection 8(b) of the same <ule in cases that do not
re&uire preliminary investigation or where there is no necessity to place the child alleged to be in conflict
with the law under immediate custody"
(*) "*ntervention" refers to a series of activities which are designed to address issues that caused the child to
commit an offense" *t may take the form of an individuali;ed treatment program which may include
counseling, skills training, education, and other activities that will enhance his.her psychological, emotional
and psycho9social well9being"
(m) "Auvenile Austice and ?elfare @ystem" refers to a system dealing with children at risk and children in
conflict with the law, which provides child9appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, re9integration and aftercare to ensure their normal growth and
development"
(n) "7aw 1nforcement Bfficer" refers to the person in authority or his.her agent as defined in #rticle 1,$ of
the <evised :enal Code, including a barangay tanod"
(-) "Bffense" refers to any act or omission whether punishable under special laws or the <evised :enal
Code, as amended"
(p) "<ecogni;ance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall
be responsible for the appearance in court of the child in conflict with the law, when re&uired"
(&) "<estorative Austice" refers to a principle which re&uires a process of resolving conflicts with the
maximum involvement of the victim, the offender and the community" *t seeks to obtain reparation for the
victim reconciliation of the offender, the offended and the community and reassurance to the offender that
he.she can be reintegrated into society" *t also enhances public safety by activating the offender, the victim
and the community in prevention strategies"
(r) "@tatus Bffenses" refers to offenses which discriminate only against a child, while an adult does not
suffer any penalty for committing similar acts" )hese shall include curfew violations truancy, parental
disobedience and the like"
(s) "Couth >etention 0ome" refers to a $/9hour child9caring institution managed by accredited local
government units (7(Ds) and licensed and.or accredited nongovernment organi;ations ('(Bs) providing
short9term residential care for children in conflict with the law who are awaiting court disposition of their
cases or transfer to other agencies or =urisdiction"
(t) "Couth <ehabilitation Center" refers to a $/9hour residential care facility managed by the >epartment of
@ocial ?elfare and >evelopment (>@?>), 7(Ds, licensed and.or accredited '(Bs monitored by the
>@?>, which provides care, treatment and rehabilitation services for children in conflict with the law"
<ehabilitation services are
provided under the guidance of a trained staff where residents are cared for under a structured therapeutic
environment with the end view of reintegrating them into their families and communities as socially
functioning individuals" :hysical mobility of residents of said centers may be restricted pending court
disposition of the charges against them"
(u) "Eictimless Crimes" refers to offenses where there is no private offended party"
Affidavit: ?ritten statement of facts the person who signs the affidavit swears an oath that the information
given is true"
Allegation: # charge or claim made against someone"
Child Abuse: ?hen a parent or caretaker intentionally in=ures a child when a parent or caretaker
intentionally neglects or exploits a child any sexual abuse or exploitation of a child"
Custodian: :erson who has been given physical custody of a child and is re&uired to provide for that childs
needs and safety"
Delinquency: Auvenile actions or conduct in violation fo criminal law and, in some contexts, status
offenders"
Delinquent: Auvenile who has been ad=udicated by a =udicial officer of a =uvenile court as having
committed a deli&uent act"
Hearing: # trail or proceeding before a =udge"
Jurisdiction: )he power of a court to hear a case"
Adoption
Definition: Legally taking into ones family a youth whose biological parents have terminated their
parental rights. A youths adopted parents have all the powers and privileges of a natural parent.
One can be adopted at any age.
Arrest
Definition: When police take or hold an individual in custody in response to a delinquent or
criminal charge. An arrest is lawful only when there is probable cause to believe the individual has
committed a crime.
Assessment
Definition: An evaluation of a youths risks and needs in various capacities, including, for
eample, psychological and psychiatric, educational, and familial. !everal types of assessments
may be ordered by the "uvenile court or undertaken by the "uvenile probation department. !ee
also #!creening.$
%yber&bullying
Definition: %hildrens use of information and communication technologies such as tet messages,
emails, and social media like 'acebook and (witter to engage in harassment, threats,
intimidation, and)or other verbal and emotional abuse. Like other forms of bullying, cyber&bullying
often involves an imbalance of power and may be persistently directed toward a particular victim
or target. !imilar behavior between adults is generally referred to as cyber&harassment or cyber&
stalking.
*uvenile %ourt
Definition: A court of law that has "urisdiction over cases involving children under a specific age,
usually +,. *uvenile courts -sometimes referred to as family courts. generally preside over both
delinquency and dependency proceedings.
*uvenile %ourt
Definition: A court of law that has "urisdiction over cases involving children under a specific age,
usually +,. *uvenile courts -sometimes referred to as family courts. generally preside over both
delinquency and dependency proceedings.
/robable %ause
Definition: A reasonable ground to suspect that a person has committed or is committing a crime
-or delinquent offense. or that a place contains specific items connected with crime. A "udge
requires probable cause in order to issue an arrest warrant or a search warrant. !imilarly, a police
officer must have probable cause to conduct an arrest or a search without a warrant.
!tatus Offense
Definition: %onduct thats considered unlawful when committed by a minor -because of his)her
childhood #status$., but isnt criminal when committed by an adult. %ommon eamples include
running away from home, habitual disobedience to parents, truancy, and curfew violations.
(ruancy
Definition: 0abitual absence from school. 1ecause the law requires youth to attend school up to a
certain age, skipping school or repeated absences violate the law. (ruancy is a status offense
because it only applies to minors.
Warrant
Definition: An order signed by a "udge authori2ing law enforcement to make an arrest, perform a
search, or sei2e property.
TRIAL 3 A hearing in which the guilt of the accused is determined by either a "ury or a "udge.

VICTIMS RIGHTS 3 (he rights given to a victim by 4innesota !tatutes %hapter 5++A.

VOIR DIRE 3 (he process during "ury selection by which the prospective "urors are asked
questions by the "udge and attorneys.

#dult! # person eighteen (18) years of age or over, except when the CourtFs =urisdiction continues past
the eighteenth birthday, in which case the term GchildH shall still apply"
#dvisement! # court procedure formally advising the accused of certain statutory and constitutional
rights" )he advisement is delivered during the first appearance in court"
#dvisement of <ights! 1") # court procedure formally advising a person of certain statutory and
constitutional rights" @uch advisement must be given at the first appearance in court" $") # set of
warning which must be given to a person upon arrest (see 4iranda ?arning)"
#llege! )o assert to be true without proving"
#ppearance! )he formal proceeding by which an offender presents him.herself to the =urisdiction of
the court"
#pprehend! )o arrest, take into custody, or sei;e a person on a criminal charge"
#rraignment! # court hearing where the accused is brought before the court to plead to the criminal
charge in the indictment or information" )he accused is advised of the charges pending against him, as
well as his constitutional rights to have a lawyer and a trial"
6ail! (see 6ond) @ecurity, in the form of money or property, deposited with the court to insure the
appearance of the accused at a specific future time and place"
6ail 6ond! #n obligation signed by the accused, with sureties to secure his.her presence in court"
6ench ?arrant! :rocess issued by the court itself, or Gfrom the bench,H for the apprehension or arrest
of a person"
6ond! # type of security re&uired by the court before an offender is released from custody" #n
accused may be released on his own promise (personal recogni;ance), by having a licensed bondsman
post an agreement to pay a certain amount (bond) by personally depositing money in cash (bail), or by
encumbering property (property bond)" )he court may allow the amount of bail posted in cash to be a
percentage of the total amount of bail set however, in the event of default, the entire amount of bail set
is forfeited and becomes due to the state"
6ond, personal recogni;ance (:< 6ond)! #n obligation of record entered into before a court
re&uiring the performance of an act such as appearing in court as instructed or penalty of a money
forfeiture" (?ebsterFs 3th new collegiate dictionary")
CC*C! Colorado Crime *nformation Center Change of venue! )he removal of a suite begun in one country
or district, to another, for trial, or from
one court to another in the same county or district"
Child! #ny person under eighteen (18) years of age" (@tatutory >efinition)
Colorado ChildrenFs Code! )itle 18, Colorado revised statute" )his code sets forth the definitions,
=urisdiction, procedures, and powers in =uvenile cases"
Complaint and summons! )he formal charge, which initiates a criminal proceedings in a court" *t
must contain the name of the defendant, the offense, and statute number, and direct the defendant to
appear before a specified court at a given date, time and location"
Contempt of Court! )he punishable act of showing disrespect for the authority of dignity of a court"
>eferred >isposition.:rosecution, >eferred @entence! @ome defendants are granted a deferred
prosecution, which means that the =udge and district attorney permit the accused person to delay going
to trial for a period of time, usually one year" >uring this period, the accused is supervised by a
probation officer, if the person complies with all the re&uirements of the deferred prosecution, the
charges may be dismissed" # defendant who pleads guilty to a crime may be given a deferred sentence,
which means that the =udge does not impose a sentence immediately but continues the case up to two
years, placing the defendant under the :robation >epartmentFs supervision" *f the defendant complies
with all of the re&uirements, the charges against him will be dismissed"
>elin&uency :etition! # petition charging a child with a violation of the penal statute or municipal
ordinances"
>elin&uent! # child, ten (1-) years of age or older, who violates any Iederal or @tate 7aw, except @tate
)raffic and (ame and Iish 7aw, or any lawful order of the court made under the Colorado ChildrenFs
Code"
>etention! :lacing the child in a facility designed for minors" )his is a secure facility designed to be a
nonpunitive facility and located as close to the minorFs home as possible"
>etention 0earing! # =udicial hearing held within forty9eight (/8) hours (excluding weekends and
court holidays) after a child is taken into )emporary Custody to determine whether continued detention
is necessary"
>ispositional 0earing! # =udicial hearing at which time information is presented and reviewed along
with recommendations for disposition" )he conclusion is the courtFs official disposition order, (i"e"
probation, commitment, etc")
>istrict #ttorney! # lawyer elected of appointed in a specified district to serve as the chief or administrative
prosecutor for the @tate in criminal cases"
>iversion! # decision made by a person with authority or a delegate of that person that results in
specific official action of the legal system no being taken in regard to a specific =uvenile or child and in
lieu thereof providing individually designed services by a specific program" )he goal of diversion is to
prevent further involvement of the =uvenile or child in the formal legal system" >iversion of a =uvenile or
child may take place either at the prefiling level as an alternative to the probation services following
an ad=udicatory hearing pursuant to section 189%9,-, or a disposition as a part of sentencing pursuant to
section 189$98-3" G@ervicesH, as used in this subsection (//), includes but is not limited to diagnostic
needs assessment, restitution programs, community services, =ob training and placement, speciali;ed
tutoring, constructive recreational activities, general counseling and counseling during a crisis situation,
and follow9up activities"H 189191-% (//) C"<"@"
>istrict #ttorney Auvenile >iversion programs manage =uveniles who have be granted a prefile
diversion, informal ad=ustment or deferred ad=udication" 6y successfully completing diversion, the
=uvenile is able to avoid an ad=udication being entered on his.her record for the presenting offense"
1xpungment! )he legal process whereby a childFs =uvenile court record can be sealed upon re&uest
three (%) years after unconditional release from probation, )en (1-) years upon release from >epartment
of 0uman @ervices or parole"
(uardian #d 7item (ad liFtem)! # person appointed by a court to look after the interests of a child in
litigation"
(uardianship! )he duty and authority vested in a person or agency by court action to make ma=or
decisions affecting a child, which may include! consent of marriage, military enlistment, medical or
surgical treatment, adoption when parental rights have been terminated, or representation of a child in
legal actions"
0ebeas Corpus! #n order of the court to bring a person before the court to show cause why that
person is being deprived of his.her liberty"
*ncarceration! *mprisoned in a lockup.holding facility, =ail, =uvenile detention center, =uvenile
correctional facility, or prison"
*ndictment! #n accusation in writing found and presented by a grand =ury, charging that a person
therein named has done some act, or been guilty of some omission that by law is a crime"
*nformal #d=ustment! # type of disposition used primarily for first time offenders, which does not
involve a court hearing" *f the child admits the facts of the allegation (with parental consent), the child
may be supervised for a period without being ad=udicated"
Aurisdiction! )he legal power to hear and decide cases the territorial limits of such power"
Auvenile Court! )he >ivision of the district court or, in >enver, the separate court, which exercises
original =urisdiction over children and sub=ect matter set forth in the Colorado ChildrenFs Code"
4iranda ?arning! Iour(/) statements which must be made to a suspect under interrogation before
any evidence or confession elicited from that person can be admitted as evidence in court! 1" )he
personFs right to remain silent, $" #nything the person says may and will be used against him in a court"
%" )he personFs right to have the assistance of an attorney, and /" )he personFs right to have an attorney
appointed if he.she couldnFt afford one" 4ittimus! #n order of court directing the sheriff to transport a
defendant to a specific place to serve a
sentence of imprisonment"
4unicipal Court! Courts whose territorial authority is confined to the city or community"
'ational Crime *nformation Center! ('C*C) # national computer system with information relative
to any active warrants on individuals"
'olo Contendere (noFlo kno9tenFde9re)! # pleading usually used by defendants in criminal cases,
which literally means, G* will not contest it,H and is treated as a guilty plea when it comes for sentencing"
Brdinance! # law passed by a city or town lawmaking body"
:ersonal <ecogni;ance! @ecurity for the appearance of a criminal defendant, in the form of a
personal promise without posting any bail or filing a formal bond"
:etition! # formal application in writing made to the Court, re&uesting =udicial action concerning some
matter therein set forth"
:lea! )he defendantFs formal response to criminal charges" *f a defendant stands mute, the =udge will
enter a plea of not guilty for the defendant" 1xamples are! guilty, not guilty, nolo contendere, not guilty
by reason of insanity"
:lea 6argaining! # compromise reached by the prosecution and defense after negotiation resulting in
a plea of guilty or nolo contendere to a charge or one of the charges, or to a lesser charge, dismissal of
remaining charges, elimination of the trial, and the possibility of a lesser sentence" :lea9bargaining is
conducted between counsel, and not before the =udge" )he compromise reached is presented to the
=udge by the prosecution and must be agreed to by the =udge before it can become effective" :leabargaining
results from a number of factors! 1" )he prosecution has sole discretion to file charges, $"
Bpen negotiation may disclose the strength or weakness of either sideFs case, %" 0eavy trial dockets
necessitate reducing the trial load in large volume in prosecution offenses"
:reliminary 0earing! # discretionary hearing to determine if there is probable cause to believe that
the facts alleged in the petition bring the child.defendant within the courtFs =urisdiction"
:re9@entence *nvestigation! @ocial diagnostic study, which is a report to the =udge to help him
determine an appropriate sentence"
:robable Cause! # legal term meaning that there is sufficient reason or belief to detain or cause a
petition to be filed" )his is based on a legal examination of the facts"
:robation! # sentence alternative to incarceration, wherby an ad=udicated =uvenile may be released
under certain conditions and under the supervision of a probation officer for a specified time" *n some
cases, a short detention sentence or Gwork releaseH program is combined with the probation"
:robationer! Convicted law violator allowed to remain in free society while under a probation officerFs
supervision, in lieu of serving a detention sentence or being committed to the >ivision of Couth
Corrections" :rosecution! )he procedure by which a person is charged and tried for a criminal offense"
#lso, the
charging, as opposed to the defending, side of a criminal case"
:ublic >efender! #n attorney, of system of attorneys, funded by the state, to represent indigent
persons in criminal or =uvenile cases"
<ecidivism! )he return to criminal activity after completion of a sentence following an earlier
conviction" # statistical measure of GfailureH of offenders previously convicted of a crime"
<isk #ssessment @cale! # tool to assist in predicting continued criminal activity" )he primary factors
considered are criminal history, stability, substance abuse and employment"
@ummons! # notice re&uiring a person to appear in court on a specific day at a specific time" )he
summons is returned to the court to reflect that the person was served with it"
Eenue! )he particular county, city or geographical area in which a court with =urisdiction may hear and
determine a case"
Eerdict! )he decision the =ury or =udge makes at the conclusion of trial as to the accused guilt or
innocence"
?arrant! #n order of the court authori;ing either the arrest of a specific person or the search of a
specific place for the sei;ure of specific items named in the order"


36 HOUR RULE 3 A person who has been arrested with or without a warrant must be brought
before a "udge within 65 hours after being detained. (he time does not begin to run until midnight
of the day of the arrest so the hearing must be held by noon of the second day after the
arrest. (he criminal rules eclude !undays and holidays7 the "uvenile rules eclude !aturdays,
!undays, and holidays.

48 HOUR RULE 3 A ruling from the 8nited !tates !upreme %ourt that within 9, hours of a
person being arrested, a "udge must decide if there is probable cause to believe the accused
committed a crime and if the person should continue to be held. (he time begins to run as soon
as the arrest is made and weekends and holidays are not ecluded. Arrests made pursuant to a
warrant are not sub"ect to the rule because a "udge has already ruled on probable cause.


ELEMENTS OF THE CRIME 3 (hose parts of a crime which must be proved by the prosecution
to sustain a conviction.

BENCH WARRANT 3 A court order instructing law enforcement officers to take a person into
custody when the person fails to appear in court and the "udge orders the defendants arrest from
the #bench.$

BURDEN OF PROOF 3 (he prosecution must prove the defendant guilty. (he burden of proving
the case is on the state. (he defendant does not have to prove their innocence.

BEYOND A REASONABLE DOUBT 3 (he standard the prosecution must meet in order to get a
conviction. (he "ury instructions state that #/roof beyond a reasonable doubt is such proof as
ordinarily prudent men and women would act upon reason and common sense. :t does not mean
a fanciful or capricious doubt, nor does it mean beyond all possibility of doubt.$


CONDITIONS OF RELEASE 3 (he requirements the "udge places on the accused in order to
release the accused. ;amples include such things as no use of alcohol or drugs, no contact with
certain people, chemical assessment, no driving, attend school, etc. :f an accused violates a
condition of release, the court may issue an arrest warrant or a law enforcement officer may
arrest the accused without a warrant.

COURT TRIAL 3 A trial without a "ury in which the "udge decides the guilt of the accused. All trials
in "uvenile delinquency cases are court trials ecept in ;.*.*. trials where there is a "ury trial -see
page <.. A defendant may waive the right to a "ury trial and have a court trial. (his is a right of the
defendant and the state has no right to waive or demand a "ury trial.

CRIME 3 %onduct which is prohibited by statute and for which an adult actor may be sentenced
to imprisonment, with or without a fine.

DISCOVERY 3 (he echange of information by the prosecution and defense. (he prosecution is
required to inform the defense of trial and grand "ury witnesses, statements of the defendant and
witnesses, documents and tangible ob"ects such as grand "ury transcripts, police reports,
photographs, results of tests and eaminations, and eculpatory information. (he defense is
required to inform the prosecution of documents, tangible ob"ects, results of test and
eaminations which the defense intends to use at trial, statements of defense and prosecution
witnesses who are to testify, and defenses to be used including alibi, self&defense, mental illness,
entrapment, etc.

FELONY 3 A crime for which a sentence of imprisonment for more than one year may be
imposed.

GROSS MISDEMEANOR 3 Any crime which is not a felony or a misdemeanor or in other words,
a crime in which the maimum penalty is one year in "ail and)or =6>>>.

GUARDIAN AD LITEM 3 ?epresentative -often a volunteer from the local community. who is
appointed by the court to offer an opinion to the court as to what is in the person@s best
interest. (he appointment shall occur when the person is an adult who is either mentally
handicapped or disabled. A guardian ad litem may be appointed for a "uvenile who is without a
parent, the "uveniles parent is a minor or incompetent or if the "uveniles parent is indifferent or
hostile to the "uveniles interest.

J.I.G. (JURY INSTRUCTIONS GUIDE) 3 A handbook drafted by a committee named by the
4innesota !upreme %ourt -consisting of "udges and lawyers. which suggests language for
instructions the "udge is to read to the "ury before, during and after the evidence has been
submitted at the trial. :ncluded in the instructions are the elements of the crime and the burden of
proof.

JURY TRIAL 3 A trial in which a "ury of +A -felony trials. or si -misdemeanor or gross
misdemeanor trials. community members decides the guilt of the accused. (heir decision must
be unanimous.

MENTAL COMPETENCY EAMINATION (RULE !") 3 8pon a motion from the prosecutor or
defense or upon its own, the "udge may order the defendant or child to undergo a mental
eamination. One purpose may be to determine if the defendant lacks sufficient ability to consult
with defense counsel or is incapable of understanding the proceedings or participating in their
defense. (he other purpose is to determine if the defendant was mentally ill or deficient at the
time the crime was committed.

MIRANDA WARNING 3 (he statement law enforcement officers must give to a suspect in
custody before questioning them. /eople who are not in custody may be questioned without the
warning. :f the person is in custody and not given the warning, the statement cannot be used
unless it was voluntary and the defendant testifies at trial. (he warning informs the suspect of
his)her right to remain silent and the right to an attorney.

MISDEMEANOR 3 A crime for which a sentence of not more than <> days and)or a fine of not
more than =+>>>.

NO CONTACT ORDER 3 A court order in a criminal or "uvenile proceeding in which the
defendant is ordered not to contact the victim and)or witnesses. (his is usually ordered at the
?ule B 0earing for adults or detention hearing for "uveniles. Ciolation of the order may result in
stricter conditions of release being placed on the accused.

OMNIBUS HEARING 3 A hearing to determine if there is probable cause and to decide the
admissibility of evidence -usually on constitutional grounds such as the admissibility of a
confession or the validity of a search warrant..

PROSECUTOR#COUNTY ATTORNEY#CITY ATTORNEY 3 (he representative for the !tate of
4innesota who makes the charging decision and presents evidence to prove a crime was
committed by the accused. (he county attorney prosecutes all "uvenile case, all adult felonies,
and misdemeanor and gross misdemeanors committed in townships. (he city attorney
prosecutes all misdemeanor and gross misdemeanor offenses committed by adults in that city.

PUBLIC DEFENDER 3 A licensed attorney appointed by the court at public epense to legally
represent and advocate for the accused.

RULES OF EVIDENCE 3 A set of rules drafted by a committee named by the 4innesota
!upreme %ourt -consisting of "udges and lawyers. which states what evidence may be introduced
in both civil and criminal trials.

SCALES DECISION 3 A decision by the 4innesota !upreme %ourt -State v. Scales. that says
that all questioning of suspects in custody must be tape recorded if the statement is to be
introduced at trial.

SE OFFENDER ASSESSMENT 3 Anyone convicted of a se offense must undergo a
comprehensive assessment to determine the etent and severity of his)her seual behavior.

SPREIGEL EVIDENCE 3 (he 4innesota !upreme %ourt in State v. Spreigel ruled that the "udge
may permit the prosecutor, under some limited circumstances, to introduce evidence that the
defendant has committed similar crimes. (he evidence will be introduced at the end of the
prosecutors case because the "udge will only let the information in if the court rules that the !tate
has a weak case. (he ?ules of ;vidence also allow evidence of prior crimes if the evidence
shows proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of
mistake or accident by the accused.

SUMMONS 3 Dotice with a date and time of hearing from court administrator stating that a
person is to appear in court.

SUSPENDED SENTENCE 3 (he court has the option of imposing the maimum sentence
allowed by law, but then ordering that only part of it be carried out. 'or eample, on a first time
EW:, the court may order a =+>>> fine, but suspend =9>> of it if the offender agrees to perform
9> hours of community work service and commit no new offenses for one year. :f the offender
fails to comply with these lesser sanctions, the court has the option to lift the suspension and
require the offender to pay the remainder of the fine.

TAB CHARGE OR CITATION 3 (he written document issued by a police officer and filed in
district court which contains a brief description and summary of the alleged misdemeanor or
gross misdemeanor committed by the defendant and lists the charges. 4ost common form is the
traffic ticket.

TRIAL 3 A hearing in which the guilt of the accused is determined by either a "ury or a "udge.

VICTIMS RIGHTS 3 (he rights given to a victim by 4innesota !tatutes %hapter 5++A.

VOIR DIRE 3 (he process during "ury selection by which the prospective "urors are asked
questions by the "udge and attorneys.

WARRANT 3 %ourt order instructing law enforcement officers to take a person into custody.


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ARRAIGNMENT (RULE 8 HEARING) 3 (he first hearing in which the defendant may enter a
plea of guilty or not guilty. 4any times a plea is not entered and an Omnibus 0earing is set. (he
"udge may continue or revise the conditions set for the defendants release by the court
previously at the bail hearing.


COMPLAINT 3 (he written document issued by the prosecutor and filed in district court which
contains a description and summary of the alleged criminal act committed by the defendant and
the charges.

GRAND JURY 3 A body of citi2ens whose duties consist of determining whether probable cause
eists that a crime has been committed by a suspect and whether an indictment should be
entered against that suspect for such a crime. :f the grand "ury determines that probable cause
does not eist, it returns a #no bill.$ (he grand "ury consists of at least +5 people and not more
than A6. (he grand "ury may hear more than one case. :n order to indict, +A or more "urors must
concur. :t does not have to be a unanimous decision. A prosecutor may call a grand "ury for 6
reasonsG +. in order to try someone for murder in the first degree, there must be an indictment7 A.
controversial cases may be presented to learn what the community feels should happen7 6. when
witnesses -not the suspect. refuse to talk to law enforcement, they can be compelled to testify
under oath. A witness who wants a lawyer present when they testify must waive immunity from
self&incrimination. A "udge is not in the room7 the prosecutor calls the witnesses and asks the
questions7 the suspect does not have the right to be present or have an attorney cross eamine
witnesses. (he "urors may ask questions of the witnesses and they may name whom they want to
testify.

INDICTMENT 3 (he written document issued by the Hrand *ury stating its finding of probable
cause. (he form looks very similar to a complaint and has the same information on it.

PETIT JURY 3 (he ordinary "ury for the trial of a civil or criminal action7 so called to distinguish it
from the grand "ury. (here are +A members for felony trials and B for misdemeanor and gross
misdemeanor trials. (he decision of the "ury must be unanimous. 8sually a trial will have more
than the required number of "urors which are called alternates. After the "udge has given final
instructions, the alternates will be told they are no longer needed and are dismissed from serving
any further.

PETTY OFFENSE#PETTY MISDEMEANOR 3 An offense prohibited by statute, which does not
constitute a crime and which a sentence of a fine of not more than =6>> may be imposed.

PRE$SENTENCE INVESTIGATION 3 (he formal report prepared for the court before sentencing
by a probation officer which provides various background information and assessment data on a
convicted offender, which the court uses in deciding the appropriate sanctions and follow&up
treatment)programming needs of the convicted offender.
/?;!84/(:C; !;D(;D%; 3 (he prison sentence called for by the !entencing Huidelines.

SENTENCING GUIDELINES 3 A grid system based on offense severity and the criminal history
of the defendant which guides the "udge in determining a sentence. (he purpose is to provide
uniformity in sentencing. When the guidelines are not followed, the court must state its reasons
for giving a more or less sever sentence than called for by the guidelines.

STATUTORY MAIMUM SENTENCE 3 (he prison sentence and fine set forth in the statutory
definition of a particular crime. (he statutory maimum defines whether an offense is a felony,
gross misdemeanor or misdemeanor. (he statutory maimum is listed on the complaint or
indictment so that one who is not knowledgeable about the system may assume that the statutory
maimum is the sentence the defendant will get.

STAY OF EECUTION 3 A sentence in which the court orders a specific period of prison time for
the defendant and then places the defendant on probation with terms of probation. (he defendant
is not sent to prison unless the terms of probation are violated and the court orders the sentence
eecuted.

STAY OF IMPOSITION 3 A sentence in which the court orders the defendant placed on probation
with terms of probation and then reserves imposing imprisonment unless the defendant fails
probation. :f the defendant successfully completes probation, the conviction becomes a
misdemeanor for purposes of the defendants criminal record.

STAY OF ADJUDICATION 3 A sentence in which the court finds that prosecutor abused it
discretion when the matter was charged and orders that the ad"udication not be entered. (here is
not statutory authority for a stay of ad"udication, but the 4innesota !upreme %ourt has found that
the trial court has the inherent power to order the stay.

WOR% RELEASE 3 'or those offenders sentenced to a county "ail or workhouse who are
employed or employable, and do not pose a threat to the public safety, the sheriff or facility
administrator can allow them to be released from the facility in order to continue their
employment. (he inmates return to and remain in the facility at the end of each workday and on
weekends. (hese inmates are generally charged a fee to pay the costs of their room and board in
the facility while on work release. (he 4innesota Eepartment of %orrections also has a work
release program for some of its inmates that are nearing their release from prison.

SENTENCE TO SERVE (STS) 3 A sentencing option available to most courts wherein a
convicted offender #works off$ his)her fine by performing a specified number of hours of public
service work under the supervision of a work crew leader employed by the state or a local
corrections agency. !ome courts sentence offenders to !(! rather than "ail or workhouse time.


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ARRAIGNMENT 3 (he hearing in which the child enters a plea of guilty or not guilty.

C.H.I.P.S. (CHILD IN NEED OF PROTECTION OR SERVICES) 3 %ases involving the welfare of
children including child neglect, abuse, dependency, truancy and runaways. %hildren under the
age of +> who commit crimes will be petitioned to court as !.0.:./.!. with the intent to treat the
childs behavior as a family systems problem.

CERTIFICATION PROCEEDINGS 3 A procedure wherein it is decided if a child should face
charges as an adult. Once certified to adult court a child has all the due process rights an adult
does including the right to a "ury trial. A +5 or +I year old child who is charged with murder in the
first degree will have all proceedings in adult court without going through the certification
process. A child may be certified in two waysG

+. Presumptive certificationG (he "uvenile was +5 or +I at the time of the alleged felony offense
and either the offense would result in a presumptive commitment to prison under the 4innesota
sentencing guidelines or the child committed the felony while using, brandishing, displaying,
threatening or otherwise using a firearm. A hearing is held and the burden is on the "uvenile to
show public safety is served by proceeding with an etended "urisdiction "uvenile proceedings
-;.*.*.. proceeding -see definition following. rather than referring e the child straight to adult
court. :f the court certifies the child, the case proceeds through thadult court process. :f the court
does not certify, the child is automatically sent through the ;.*.*. prosecution process.

A. Non-presumptive certification: (he child is +9&+I years of age and is alleged to have
committed a serious felony. (he court conducts a hearing and the burden is on the prosecution to
show that either the court may certify the child to adult court if the prosecutor proves by clear and
convincing evidence that certification would serve public safety7 the court may find that public
safety would be served with ;.*.*. proceedings and so designate the matter7 or the court might let
the matter proceed as a delinquency proceeding.


DELIN&UENCY ACT 3 An act alleged to have been committed by a child ten years of age or
older, which if committed by an adult would be considered a criminal act.

DETENTION HEARING 3 A hearing which must occur before the court within 65 hours of when a
child has been arrested and held in detention. A determination is made as to where the child will
be held pending the net hearing date.

E.J.J. (ETENDED JURISDICTION JUVENILE PROCEEDINGS) 3 :f the child pleads guilty or is
found guilty by a court or "ury -a child has the right to a "ury trial in these proceedings. the child is
placed on a dual probation. (he child may be placed on "uvenile probation until age A+ -where the
term etended "urisdiction "uvenile comes from. and the court will impose certain conditions which
the child shall abide by. (he child shall also receive an adult sentence with a stay of
eecution. (here are three ways a child may be charged and face ;.*.*. proceedingsG

+. Court DesignationG (he child was +9 3 +I at the time of the offense and the prosecutor
moves the court to certify the child to adult court. (he court may designate the proceeding as
;.*.*. rather than certify the child to adult court. (he court must make a finding that public safety
is not serves by designating the proceeding solely a "uvenile matter.

A. Prosecutor DesignationG (he child was +9 3 +I at the time at the offense and the
offense would be a presumptive commitment to prison for an adult or the child used a firearm
during the commission of a felony. (he prosecutor has the sole discretion to designate the matter
an ;.*.*. prosecution and once the prosecutor had done so by written petition the matter
proceeds in this manner.

6. Prosecutor requests court designationG (he child was +9 3 +I at the time of the offense
and the prosecutor moves the court to designate the proceeding as ;.*.*. proceeding. A hearing
is held by the court wherein the prosecutor must show by clear and convincing evidence -a lower
standard than proof beyond a reasonable doubt. that designating the proceedings as an ;.*.*.
proceeding serves public safety.

PETITION 3 (he written document issued by the prosecutor and filed in "uvenile court which
contains a description and summary of the alleged delinquent act committed by the child and lists
the charges.

PETTY OFFENSE 3 +. An act illegal for a child to commit which would not be illegal for an
adult. ;amples are curfew violations, first or second time drinking under age, possessing alcohol
under age, possessing a small amount of mari"uana or drug paraphernalia and using or
possessing tobacco. A. Or a misdemeanor level offense if the "uvenile has not previously
committed a misdemeanor, gross misdemeanor or felony offense. /rostitution, Assault in the
B
th
Eegree, Eomestic Assault, Arson in the 6
rd
Eegree, Degligent 'ire, Eangerous Weapons, and
:ndecent ;posure are misdemeanor eceptions which cannot be considered petty offenses. (he
%ourt may not place a child out of the home as a disposition for a petty offense.

PRE$DISPOSITION REPORT ' Also known as a !ocial 0istory, this contains much of the same
information as a pre&sentence investigation for an adult including the "uveniles past offenses and
recommendations from the probation officer as to what the court should do with the child.

RULES OF JUVENILE PROCEDURE 3 A set of rules drafted by a committee named by the
4innesota !upreme %ourt -consisting of "udges, lawyers, probation officers, court administrators,
etc.. which states how "uvenile cases -both delinquency and %.0.:./.!.. are to be handled in
4innesota courts. (he rules govern everything from what is in the petition to how an appeal is
perfected. (he !upreme %ourt adopted the rules after a public hearing. (he committee continues
to meet and the rules are periodically changed.

STAY OF ADJUDICATION 3 (he court is allowed by statute to withhold the entry of the
ad"udication for up to two <> day periods in delinquency matters and one <> day period in %0:/!
matters if it is the best interests of the child to do so. (he court may place the child on probation
and set the conditions of probation during this period