Criminal Defense Terms and Definitions

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. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. Accessory A person who assists in the commission of a crime, either before or after the fact. 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. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Subpoena An official order to appear in court (or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt of court. Fifth Amendment Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal (or juvenile) proceeding. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Abstract of record A short, abbreviated form of the case as found in the record. Assault A willful attempt to illegally inflict injury on or threaten a person.

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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.