Courtroom Terminology 2020
Courtroom Terminology 2020
Accused- acuzatul(only in criminal cases; in civil cases we use defendent: formally charged
but not yet tried for committing a crime; the person who has been charged may also be called
the defendant.
Accused= acuzat / persoane acuzate – only in criminal cases
defendent= pârâtul – in civil cases
Crimes-
misdemenours- delict
felony – infractiune
acquitted – a fi achitat, a achita
Acquittal= achitare : a judgment of court, based on the decision of either a jury or a judge,
that a person accused is not guilty of the crime for which he has been tried.
ADA: Assistant district attorney( prosecutors at various levels). An assistant district attorney
works for the elected District Attorney. An ADA will review and prosecute
cases as assigned. ADA's meet with law enforcement, witnesses, and
victims. They generally have authority to dispose of those cases assigned to them.
ADA=procuror general adjunct/ adjunct al Procurorului General
Assistant attorney= asistenul procurorului general
District court attorney= avocat al tribunalului districtual
elected district attorney=
Attorney general=procuror general
Adjudication( decizie/ hotarare judecatoreasca) the judicial decision that ends a criminal
proceedingby a judgment of acquittal, conviction, or dismissal of the case.
Adjudication= pronuntarea unei hotarari/ judecata
Affidavit: a written statement that the writer swears is true.
Swear- under oath
declare- statement has the legal force of a swear , declaratie prin care asum raspunderea
Affidavit=declaratie sub juramant/ depozitie sub juramant/ declaratie pe propria raspundere
Aggravated range: When a person is sentenced, this indicates a sentence that is more severe
than the “presumed” sentence for a given crime. A defendant may receive more time if the
judge finds aggravating factors. If no aggravating factors are found, the
sentence will come from either the “presumptive” or “mitigated” range.
Aggravated range=(circumstante) deosebit de grav/ agravat
Aggravated assault= atac deosebit de grav
presumptive range = prezumtiv/ criterii de prezumptie
mitigated range= factori atenuanti/ caz atenuant
Alleged: said to be true, but not yet proven to be true; until the trial is over, the crime may be
called the “alleged crime.”
alleged= presupus
alleged con man= presupus infractor
Appeal( a face apel- a face recurs- a contesta hotararea judecatoaresaca la Curtea de Apel): a
request by either the defense or the prosecution that a higher court review the results of a
decision on certain motions or in a completed trial. This can be an appeal from superior court
to an appeals court, or an appeal from district court to superior court for a
trial.
Appeal =recurs, a face apel- a face recurs- a contesta hotararea judecatoaresaca la Curtea de
Apel
appellant=recurentul
judgment under appeal= hotararea atacata
Arraignment: to bring a prisoner before a judge to ask how he pleads to the charges against
him.
Arraignment= punerea sub acuzare/ trimiterea in judecata/ audiere
to enter a plea= pledezi vinovat sau nevinovat/ a recunoaste sau nu fapta
Arrest warrant( mandat de arestare): A written order issued by the District court or
magistrate including a statement of the crime of which the person to
be arrested is accused, and directing that the person be arrested and
held to answer the accusation before a magistrate( magistrati) or other judge.
Arrest warrant=mandat de arestare
Judges vs justice of the peace ( representatives of the king- peace of the king is respected, had
the role of magistrates- without legal training)
in Romania: judecatori si magistrati sunt toti numiti “magistrati”
Bail( eliberare pe cautiune): an amount of money set by the court that allows a person
charged with a crime to be released from custody. The purpose of bail
is to insure that the offender will return to court.
Bail= eliberare pe cautiune / obligatiuni pe cautiune
Bailiff( aprod/ executor judecatoresc- gardian sau executor): a uniformed officer who keeps
order in the courtroom.
În Statele Unite, executorul judecătoresc nu este de obicei un titlu oficial, deși acest lucru depinde de
fiecare stat. Mai degrabă, este un termen colocvial folosit pentru a se referi la un ofițer de
instanță. Mai multe titluri oficiale pentru această funcție ar fi deputați de șerif, mareșali, grefieri,
ofițer de corecții sau polițiști.
EXECUTORUL JUDECĂTORESC Așa cum îi spune și numele, acesta este un organ de executare
căruia îi revine grija aducerii la îndeplinire a unei obligații dintr-un titlu executoriu. De asemenea, el
poate constata anumite situații de fapt, pentru a asigura existența unei probe
Bench(= the judge, or more judges, : how the judge is sometimes referred to as in “the
bench;” alsowhere the judge sits during the proceedings.
Bench= prezidiu
to approach the bench= a veni la prezidiu
Subpoena= under punishment; paper requiring smb to appear before court
subpeona= citatie
Urmează să primești o citație pentru prezentarea la organul de cercetare penală (poliție /
parchet), sau la instanță
Concurrent sentence: running together; when two or more sentences are served at the same
time. Opposite of consecutive sentence.
Concurrent sentence= sentinte concomitente
consecutive sentence= sentinte cumulative
DA- District attorney : Commonly refers to an attorney for the community elected by
the people in his district to represent the interests of the general
public, including crime victims, in court proceedings against people
accused of committing crimes. Other jurisdictions use other terms:
prosecutor, such as U.S. Attorney (a federal prosecutor), solicitor, or
state’s attorney.
District attorney= procuror al tribunalului districtual/ avocat districtual / procuror federal
Defense Attorney( avocatul apararii): the lawyer who represents the defendant in
legal proceedings. Victims are usually not required to speak with defense attorneys except in
court, but may do so if they choose.
Defense Attorney= avocat al apararii
Double jeopardy: putting a person on trial more than once for the
same offense; double jeopardy is forbidden by the U.S. Constitution.
Double jeopardy= principiuli „non bis in idem” und nu poti fi acuzat de aceasi fapta de 2 ori
Evidence( singural noun, pieces of evidence/proba, dovada): testimony and objects used to
prove statements made by
the victim and the accused.
Fugitive( fugar): one who flees or escapes from some duty or penalty.
Grand Jury( marele juriu): a grand jury is composed of eighteen citizens meet in
felony cases to determine whether a crime probably occurred and whether the defendant
probably committed the crime. If twelve of
the eighteen jurors, agree then they return a true bill of indictment.
The office of the District Attorney prepares indictments.
Bill of indictment= nota de rechizitoriu/ inculpare/ acuzare
Hung jury(juriu care nu a ajuns la un acord majoritar) : a jury whose members cannot
agree whether the
accused is guilty or not; mistrial.
Indictment( punere sub acuzare/ act de punere sub acuzare): a formal written accusation,
made by a grand jury after submission by the prosecutor and filed in a court, alleging that
a specific person committed a specific crime. The office of the District
Attorney prepares indictments.
Indigent( reclamant cu situatia financiara precara): an accused person who has been found
by the court to be too poor to pay for his/her own attorney.
Infraction(contraventie): minor violations of the law that do not rise to the level
of misdemeanor. Driving offense make up the bulk of charges
designated as infractions.
Innocent(persoana nevinovata): free from guilt; free from legal fault. This should not be
confused with the term “not guilty.” Not guilty is a verdict by a judge
or a jury that a person accused of a crime did not commit it or that
there is not enough evidence to prove beyond a reasonable doubt ( un grad de certitudine
rezonabil/ dincolo de orice îndoială/cu un grad de certitudine suficient/cu siguranţă absolută. )that the
accused committed the crime.
Jury selection( alegerea juriuliu): the process by which the judge, the prosecutor, and
the defense attorney screen citizens who have been called to jury
duty to determine if they will hear the evidence and decide guilt or
innocence in a particular trial.
Juvenile( minor): a person accused of an offense who is too young at the time
of the alleged offense to be subject to criminal court proceedings as
an adult and is therefore handled in the juvenile justice system.
Magistrate( judecator de instructie/ magistrat): person who can issue warrants when a
person is accusedof a crime. The are clothed with power as a public civil officer and
have additional duties such as setting bond, hearing small claims,
and accepting payment for certain infractions and misdemeanors.
Misdemeanor( delict/ infractiune minora ): offenses lower than felonies and generally those
punishable by fine or imprisonment otherwise than in penitentiary.
These crimes are generally punishable by no more than 150 days in
jail.
Mitigating Factor( factor atenuant/ circumstanțe atenuante. ): a factor that make a crime less
deserving of punishment than most similar crimes. Mitigating factors are often
defined by law and include such things as: defendant was very
young; the person was honorably discharged from the armed forces, et cetera.
Order of Arrest( ordin de arestare): an order for the arrest of a defendant following
the filing of charges or failure to appear when required by the court.
Perjury( sperjur- declaratie mincinoasa sub juramant): deliberate false testimony under
oath involving a material
fact.
Plea(argument/ motiv/: a defendant’s formal answer in court to the charge that he has
committed a crime. Some possible pleas include: guilty, not guilty, no
contest, or not guilty by reason of insanity.
Rights of the defendant(drepturile acuzatului): the powers and privileges which are
constitutionally guaranteed to any person arrested and accused of
committing a crime including: the right to remain silent; the right to
an attorney at all stages of the proceedings; the right to a courtappointed attorney if the
defendant does not have the financial
means to hire her/his own counsel(avocat: sfat); the right to release on reasonable
bail; the right to a speedy public trial before a jury or judge- la un proces echitabil și rapid; the
right to the process of the court to subpoena and produce witnesses;
the right to see, hear and question the witnesses during the trial; and
the right not to incriminate himself/herself.
Search warrant( mandat de perchezitie): an order in writing, issued by a judge or
magistrate, in the name of the state, directed to a sheriff, or other
officer, commanding him to search a specific house, shop, or other
premises, for specific property related to a crime.
Superior court( Curtea Superioara/ Tribunalul superior): where most felony cases are
heard concerning
violation of state statutes.
Testimony( marturie/ sa afirm solemn): statements made in court by people who have sworn
or affirmed to tell the truth( sa afirm solemn).
Trial( judecata): an examination of issues of fact and law before a judge and
sometimes a jury at which evidence is presented to determine
whether or not the accused person is guilty of committing a specific
crime.
Traffic Court( instanta de trafic/ tribunal de trafic): an administrative court that hears only
traffic
matters, usually uncontested.
Verdict( verdictul): the decision of a judge or jury at the end of a trial that the
accused defendant is either guilty or not guilty.
Witness( martor): a person who has directly seen an event, such as a crime or
who has other knowledge that is related to a court case; or some
thing, such as a piece of physical evidence.
Writ of execution( mandat de executare): a writ to put in force the judgment of decree of a
court