back-to-back
life sentences
A
term used to describe consecutive life terms imposed by a judge
when there were two crimes committed by the defendant, both of
which can result in punishment of a life term.
bail
The
money put up to secure the release of a person who has been charged
and jailed for a crime. The idea behind bail is that it guarantees
the appearance of the defendant in court for further legal proceedings.
There is a constitutional right to a fair bail amount. This will
vary depending on the severity of the crime.
bail
bond
A
bond provided by a bond company through a bail bondsman to secure
the release from jail of a defendant prior to trial. Typically,
10 percent of the amount of the bond is charged by the bail service.
In most cases the bail service will also ask the defendant to
pledge collateral such as real property. If the person who has
been bailed out flees the jurisdiction and does not appear for
his or her criminal proceedings, the bond is forfeit. A warrant
for his or her immediate arrest will be issued by the court.
bail
bondsman
A
bond agent who specializes in providing bail bonds for people
charged with crimes. Bail bondsmen usually charge a fee of 10
percent of the amount of the bond.
bailiff
1)
A court official, usually a deputy sheriff, who keeps order in
the courtroom and handles various errands for the judge and clerk.
2) In some jurisdictions, a person appointed by the court to handle
the affairs of an incompetent person or to be a "keeper" of goods
or money pending further order of the court. "Bailiff" has its
origin in Old French and Middle English for custodian, and in
the Middle Ages it was a significant position in the English court
system. The word "bailiwick" originally meant the jurisdictional
territory of a bailiff.
bankruptcy
The
federal law that allows a debtor to give up his non-exempt property
for the benefit of his creditors and be discharged from his debts.
battery
The
intentional and unlawful touching of another with intent to harm
that person. Battery is a crime as well as a civil wrong. Most
battery charges are filed with an allegation for assault which
does not require the actual touching of another.
bench
warrant
An
order issued by a judge commanding a suspect or witness to appear
before the court in a criminal matter. Failure to obey a bench
warrant is also a crime punishable by jail.
benefits
"Benefits"
are job-related "perks," such as health, dental, vision, life,
and disability insurance - often with the insurance premiums paid
partly or entirely by the employer - as well as pension and retirement
benefits.
best
interests of child
The
legal standard a judge applies in deciding issues of adoption,
custody, visitation rights or other matters affecting a child.
beyond
a reasonable doubt
Known
as the prosecutors "burden of proof," the jury
are instructed by the judge that a defendant can only be found
guilty if they are convinced "beyond a reasonable doubt" of the
defendants guilt. In criminal matters, a conviction under
this burden of proof must be made by each of the twelve jurors.
bigamy
The
act of having more then one spouse. Such a marriage is considered
legally void. A person who knowingly enters into a bigamous marriage
is guilty of the crime of bigamy. These types of cases are rarely
prosecuted.
Bill
of Rights
The
first ten amendments to the federal Constitution. The bill of
rights was first adopted and ratified in 1794. The bill of rights
guarantees people charged with crimes with certain fundamental
rights. The Fourth Amendment protects against unreasonable search
and seizures and requires that warrants be based on probable cause.
The Fifth Amendment prohibits criminal charges for death penalty
("capital punishment") or any other "infamous" crime (felony)
without indictment by a Grand Jury. It also provides that no person
may be tried twice for the same offense; no one may be compelled
to be a witness against himself or herself ("taking the Fifth");
no one can be deprived of life, liberty or property without "due
process of law." The Sixth Amendment insures that criminal defendants
have a right to a speedy and public trial, impartial local jury,
information on the nature and cause of accusation, to confront
witnesses against him, to subpoena witnesses, and to have counsel.
bond
Money given to the immigration service to assure that a person
will appear at any hearing. Bonds are also used to assure that
someone will remain in legal status or to make sure that certain
that conditions of admission are met.
breach
A
failure to perform a contractual obligation, such as a promise
to pay a debt.
breach
of the peace
A
violent act or an act likely to lead to violence.
breaking and
entering
The criminal
act of entering a dwelling of another without legal permission
and with the intent to commit a crime inside that dwelling. Today,
breaking and entering can apply to a vehicle or any other enclosed
structure.
bribery
The giving or
taking of money or something other of value in order to influence
a public official in the performance of his duties. One example
is the secret payments to officials to secure government construction
contracts.
brief
A legal argument,
usually in a written form and specifically prescribed by the courts.
A brief makes factual statements supported by an argument of law.
A brief is submitted to the court for a legal determination of
the issues and in some cases, of factual findings.
budget
A
plan for the expenditure of income.
burden of
proof
In a criminal
trial the burden of proof required of the prosecutor is to prove
the guilt of the defendant beyond a reasonable doubt. Each of
the twelve jurors must make his or her finding to convict or acquit
the defendant. Any other option is considered a hung jury and
is declared a mistrial.In civil case the plaintiff carries the
burden to prove her case by the preponderence of the evidence.
This is often viewed as winning 51% or more.
burglary
The crime of
breaking and entering a dwelling for the purpose of committing
a crime. No specific degree of force is required. A burglary is
not necessarily larceny or theft. It can apply to any crime such
as battery or rape. Today, it does not have to be a dwelling that
is entered, but may be any enclosed structure.