Criminal Defense Terms and Definitions

Manslaughter A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Dismissal without prejudice A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause. Admissible evidence Evidence which can legally and properly be used in court. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Bench warrant An order issued by the court for the arrest of a person Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. 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. Assault A willful attempt to illegally inflict injury on or threaten a person. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials.

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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.