Legal Terms

*****
*****
Acquittal
Attorney General
Alibi
Adipocere
*****
Blood
Bridewell
Burden of Proof
*****
Captial Punishment
Circuit
Coroner
Confession
Criminal Law
Crown Prosecution Service
Corporal Punishment
Circumstantial Evidence
*****
Diminished Responsibility
Detention
Dissection
Death
*****
Exhumation
*****
Fingerprints
*****
Guilty
Gestapo
*****
Hearsay Evidence
Homicide
*****
Inquest
Interpol Organisation
*****
Jury System
Juvenile Delinquency
Justifiable Homicide
*****
Law Lords
Law Courts
Lie Detector
Lord Advocate
*****
Magistrates Court
Mafia
Manslaughter
Motive
*****
Necropsy
New Scotland Yard
Not Proven
*****
Old Bailey
*****
Parole
Police
Prison
Procurator Fiscal
Post Mortem
*****
Remand Prison
*****
Sentence
*****
Treasury Counsel
*****
Witness
*****

 

Acquittal

 
In law, the setting free of someone charged with a crime after a trial.  In English courts it follows a verdict of ‘not guilty’ but in Scotland the verdict may be either ‘not guilty’ or ‘not proven’. Acquittal by the jury must be confirmed by the judge. An example of an acquittal is in the case of Lizzie Borden.  Even though the evidence seemed to suggest that she was guilty of the murder with an axe of both her parents she was found not guilty and acquitted.  One theory for this outcome was that the members of the jury would not believe that a churchgoing middle class woman could be capable of such a crime regardless of what the evidence said.

Attorney General

 
Principal law officer. In the UK, principal law officer of the crown and head of the English Bar; the post is one of great political importance. In the USA, it is the chief law officer of the government and head of the Department of Justice.
 
In England, Wales, and Northern Ireland, the consent of the Attorney General is required for bringing certain criminal proceedings where offences against the state or public order are at issue.
 
Under the Criminal Justice Act 1988, Cases can be referred to the Court of Appeal by the Attorney General if it appears that the sentencing of a  person convicted of a serious offence has been unduly lenient.


 

Alibi

This is a latin word which simply means 'elsewhere'. When someone is suspected of committing a crime in order to be able to prove his innocence he will have to give an  Alibi.  He must show that he could not possibly have committed this crime because he was elsewhere at the time.  The more accuratly the Pathologist can determine the time of death the more precise the Alibi needs to be.  In Britain it can usually only be used as a defence in a Crown Court trial if the prosecution is supplied with details before the trial.

Adipocere

This spongy substance is where the body’s natural fats solidify into a yellowy wax like substance.  It is usually the result of the body being kept immersed in water or in very damp conditions for several months.  It is caused by a reaction to the water which turns the body fats into fatty acids.  It is a rare condition and normally only affects the fattier parts of the body such as the thighs or buttocks.
 
In a murder case in Scotland to be known as the Hopetoun Quarry case the presence of adipocere  was particulary helpful in solving the case.  It all happened on a winters evening in November 1911, Patrick Higgins who was a labourer found himself looking after his two children alone after his wife had died the year before.  The fact that they were a burden to him was no secret but no-one would have suspected what he would do.  He arrived in the local bar without the children on this night and when asked where they were he explained that he had been in to Edinburgh and had met two young ladies who had offered to take and look after the children.  He simply said that the boys would be much better off in their new home.  Nothing more was seen or heard of the two boys William and John.
 
It was more than eighteen months later that an object was seen floating in the local quarry.  The quarry was disused and was constantly flooded.  When the object was fished from the water they could see it was a small body.  As they landed the body they were shocked to see another body attached by a peice of rope.  The bodies still retained there basic shape even though they were badly decomposed and it later was confirmed that the bodies had almost entirely turned into adipocere.
 
The post mortem was carried out by Professor Harvey Littlejohn. Although the bodies had been in the water for nearly two years the stomach contents had been preserved so well that they were able to tell that the little boys had eaten a meal of  Scotch broth about an hour before they were murdered.  From laundry marks on their clothes the police were able to track down a lady who confirmed that she had given soup to John and William Higgins on the last day they were seen in the village.  The police soon arrested Patrick Higgins and charged him with the murder of his own two children.
 
It took the jury one hour and twenty five minutes to return a verdict of guilty with a plea for mercy as so much time had passed since the murders had taken place.  The judge at the trial, Lord Johnston did not feel as lenient as the jury and placing the black cap on his head he sentenced Higgins to death.  Higgins showed no emotion as he was led below to the cells.  On the 2 October 1913 the official Hangman John Ellis was ready to see that the sentence as passed by the court was correctly carried out.
 
 


 Blood

 
Liquid circulating in the arteries, veins, and capillaries of vertebrate animals; the term also refers to the corresponding fluid in those invertebrates that  possess a closed circulatory system .
 
Blood carries nutrients and oxygen to individual cells and removes waste products, such as carbon dioxide. It is also important in the immune response and, in many  animals, in the distribution of heat throughout the body.
 
In humans it makes up 5% of the body weight, occupying a volume of 5.5 l/10 pt in the average adult. It consists of a colourless, transparent liquid called plasma, containing microscopic cells of three main varieties.
 
Red cells (erythrocytes) form nearly half the volume of the blood, with 5 billion cells per litre.
 
Their red colour is caused by haemoglobin . White cells (leucocytes) are of various kinds. Some (phagocytes) ingest invading bacteria and so protect the body from  disease; these also help to repair injured tIssues.
 
Others (lymphocytes) produce antibodies, which help provide immunity. Blood platelets (thrombocytes) assist in the clotting of blood. Blood cells constantly wear out  and die, and are replaced from the bone marrow.
 
Dissolved in the plasma are salts, proteins, sugars, fats, hormones, and fibrinogen, which are transported  around the body, the last having a role in clotting.
 


Bridewell

 
Jail or house of correction. The word comes from the royal palace of Bridewell, built 1522 by Henry VIII. In 1555 it was converted to a type of prison where the sturdy and idle as well as certain petty criminals were made to labour. Various other towns set up their own institutions following the same regime.
 
Bridewells provided a means of keeping some paupers and petty offenders away from society. By the late 16th century, they were almost all replaced by houses of correction, though the term continued to be used  interchangeably. By the 17th century, both bridewells and houses of correction had become places of straight imprisonment with no space allotted to labour.
 
The term Bridewell is still used today, for example the courts in Bristol are call the Bridewell.

Burden of Proof

 
In court proceedings, the duty of a party to produce sufficient evidence to prove that his case is true.
 
In English and US law a higher standard of proof is required in criminal cases (beyond all reasonable doubt), than in civil cases (on the balance of  probabilities).  A typical example of this would be in the case of O J Simpson.  He was tried for murder and found not guilty as the prosecution were unable to prove beyond all reasonable doubt that he did in fact commit murder.
 
Almost as soon as that case was complete he was the subject of a civil case.  This case is not about prison but about money and compensation.  This time they needed to prove that he probably did it and the jury can be split as much as 9 - 3.

 
Capital Punishment

 
This means Punishment by death. Capital punishment was abolished in the  UK 1965 for all crimes except treason, In 1990 it was still used in 92 countries and territories,this included the USA where it is still used in 37  states, and  China, and most Islamic countries. Methods of  execution include the following :-

Electrocution
Lethal Gas
Hanging
Shooting
Lethal Injection
Garrotting
Decapitation.
 
Portugal was the first country in Europe to abolish the death penalty in 1867. In the USA in 1972  the Supreme Court declared capital punishment unconstitutional 1972  but then in 1976 decided that this was not the case in all circumstances. It was  therefore reintroduced in  some states, and in 1990 there were over 2,000 prisoners  on death row in the USA.
 
In Britain at the end of the 18th century the number of crimes for which you could be put to death stood at over  200.  In 1866 it was abolished for all crimes except murder, treason, piracy, and certain arson  attacks. Prior to 1866 the punishment would have been a public hanging.  In 1965 capital punishment for murder was finally abolished.
 
Many countries use capital punishment for crimes other than murder, including corruption and theft (USSR) and drug offences (Malaysia and  elsewhere). In South Africa, over 1,500 death sentences were passed 1978-1987.
 
There  were 1,500 executions in China 1983-89, and 64 in  the USSR 1985-88, although the true figure May be higher  in both Cases. In 1989 the number of capital offences in  the USSR was reduced to six.
 
The International Covenant on Civil and Political Rights  1977 ruled out imposition of the death penalty on those  under the age of 18.
 
The Covenant was signed by President Carter on behalf  of the USA, but in 1989 the US Supreme Court decided  that it could be imposed from the age of 16 for murder,  and that the mentally retarded could also face the death  penalty.
 
Capital Punishment, legal infliction of the death penalty; in modern law, corporal punishment in its most severe form. Lynching, in contrast to capital punishment, is the unauthorized, illegal use of death as a punishment. The usual alternative to the death penalty is long-term or life imprisonment.
 


Circuit

 
In law, the geographic district that constitutes a particular area of jurisdiction.
 
In the USA the Court of Appeals sits in ten judicial areas or circuits - Hence circuit courts - And Washington DC.
 
In England and Wales the six different centres to which High Court and circuit judges travel to try civil and criminal cases are: Midland and Oxford, Northeastern, Northern, Southeastern, Wales and Chester, and Western.

 
 


Confession

 
In law, a criminal's admission of guilt. Since false confessions May be elicited by intimidation or ill treatment of the accused, the validity of confession in a court of law varies from one legal system to another. For example, in England and Wales a confession, without confirmatory evidence, is sufficient to convict; in Scotland it is not.
 
In the USA a confession that is shown to be coerced does not void a conviction as long as it is supported by independent evidence. In England and Wales the jury should be told that the weight to be attached to confession depends on all the circumstances in which the confession was made. Special rules apply if the accused is mentally handicapped.
 
The court also has discretionary powers to exclude a confession, for example, where the police have broken the rules regarding the questioning or treatment of suspects.
 
Confessions obtained by coercion have in the past led to  wrongful imprisonment of, for example the Birmingham six.


Coroner

 Official who investigates the deaths of persons who have died suddenly by acts of violence or under suspicious
circumstances, by holding an inquest or ordering a postmortem examination (autopsy).
 
Coroners may also inquire into instances of treasure trove . The coroner's court aims not to establish liability but to find out how, where, and why the death occurred. A coroner must be a barrister, solicitor, or medical practitioner with at least five years professional service.
 
In Scotland similar duties are performed by the procurator fiscal. In the USA coroners are usually elected by the voters of the county.
 
Coroner's courts have been criticized as autocratic since the coroner alone decides which witnesses should be called and legal aid is not available for representation in a coroner's court. Nor may any of the parties make a closing speech to the jury.
 

Crown Prosecution Service

 
Body established by the Prosecution of Offences Act 1985, responsible for prosecuting all criminal offences in England and Wales.
 
It is headed by the Director of Public Prosecutions (DPP), and brings England and Wales in line with Scotland (see procurator, fiscal) in having a prosecution service independent of the police. In most cases the decision to prosecute is made on the basis of evidence presented by the police to local crown prosecutors in each of 43 police authority areas.
 
Before the 1985 act, the DPP took action (under the guidance of the attorney general) only in cases of special difficulty or importance.
 


Corporal Punishment

 
Physical punishment of wrongdoers - For example, by whipping. It is still used as a punishment for criminals in many countries, especially under Islamic law.
 
Corporal punishment of children by parents is illegal in some countries, including Sweden, Finland, Denmark, and Norway.
 
It was abolished as a punishment for criminals in Britain 1967 but only became illegal for punishing schoo lchildren in state schools 1986.

Circumstantial Evidence

This sort of evidence has a rather bad name. It is not factual and a conviction that is obtained purely on this alone would not be a very safe one.
 
Most murder cases as  indeed with all crimes are built on direct evidence and eye witness accounts. They can then be padded out with circumstantial evidence.
 
A good example of this kind of evidence is the footprint in the sand seen by Robinson Crusoe from which he  inferred that there was someone else on the island.

Diminished Responsibility

Where a person kills or is a party to the killing of another, he shall not be convicted of murder if he was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing.  If this is accepted then the effect is to reduce the crime from one of murder to one of manslaughter.
 


Criminal Law

 
Body of law that defines the public wrongs (crimes) that are punishable by the state and establishes methods of            prosecution and punishment. It is distinct from civil law , which deals with legal relationships between individuals (including organizations), such as contract law.
 
The laws of each country specify what actions or omissions are criminal.  These include serious moral  wrongs, such as murder; wrongs that endanger the security of the state, such as treason; wrongs that disrupt an orderly society, such as evading taxes; and wrongs against the community, such as dropping litter.
 
An action may be considered a crime in one country but not in others, such as homosexuality or drinking alcohol.
 
Some actions such as assault, are both criminal and civil wrongs; the offender can be both prosecuted and sued for            compensation.
 
In England and Wales crimes are either: indictable offences (serious offences triable by judge and jury in a crown court); summary offences dealt with in magistrates courts; or hybrid offences tried in either kind of court according to the seriousness of the case and the wishes of the defendant.
 
Crown courts have power to punish more severely those found guilty than a magistrates’ court. Punishments include imprisonment, fines, suspended terms of imprisonment (which only come into operation if the offender is guilty of further offences during a specified period), probation, and community service.
 
Overcrowding in prisons and the cost of imprisonment have led to recent experiments with noncustodial sentences such as electronic tags fixed to the body to reinforce curfew orders on convicted criminals in the community.
 
The total cost of criminal justice services for England and Wales was a billion in 1990, an increase of 77% in  real terms from 1980.
 


Death

 
Permanent ending of all the functions that keep an organism alive. Death used to be pronounced when a  person's breathing and heartbeat stopped.
 
The advent of mechanical aids has made this point sometimes difficult to determine, and in controversial cases a person is now pronounced dead when the brain ceases to control the vital functions even if breath and heartbeat are maintained.


Detention

 
In law, depriving a person of liberty following arrest.
 
In England and Wales, the Police and Criminal Evidence Act 1984 established a wide-ranging statutory  framework
for the regime of detention.
 
Limitations were placed on the length of time that suspects may be held in custody by the police without being charged (to a maximum of 96 hours) and systems of recordkeeping and supervision by designated ‘custody officers’ were introduced.
 


Dissection

 
Cutting apart of bodies to study their organization. This was considered a crime in parts of the world in the Middle Ages.
 
In the UK before 1832, hanged murderers were the only legal source of bodies, supplemented by graverobbing (Burke and Hare were the most notorious grave robbers).
 
The Anatomy Act 1832 authorized the use of deceased institutionalized people unclaimed by next of kin, and by  the 1940s bequests of bodies had been introduced.
 

Exhumation

Although not a very nice idea it is a procedure that has caught out many murderers. Forensic Science has progressed greatly over the years and it is now possible to detect substances in the body months and in some Cases years after death. A good example of this is with  Arsenic.
 
This substance can actually have a preserving effect on a dead body. in several murder Cases where a second suspicious death has occurred the first body has been dug up for a closer examination. traces of Arsenic can remain in the body for years.  The only sure way of disposing of a body with no chance of further examination is of course cremation

Fingerprints

Ridge pattern of the skin on a persons fingertips, this is constant through life and no two are exactly the same.
 
Fingerprinting was first used as a means of identifying  crime suspects in India, and was adopted by the English police in 1901.   It is now widely employed in police and in security work
 



 

Guilty

In order to find someone guilty of a crime it is not enough to think they did it the law requires that you believe them to be guilty beyond all reasonable doubt.  If you do not then the law states that you must find them not guilty.


Gestapo

 
(Contraction of Geheime Staatspolizei) Nazi Germany's secret police, formed 1933, and under the direction of  Heinrich Himmler from 1936.
 
The Gestapo used torture and terrorism to stamp out anti-Nazi resistance. It was declared a criminal organization at the Nuremberg Trials 1946.

Homicide

Homicide, in criminal law, killing of a human being by the act, procurement, or negligence of another. Homicide is a generic term, comprehending not only the crimes of murder and manslaughter but also the taking of a human life under circumstances justifying the act or in a sense excusing its commission. Thus, the killing of an enemy on the battlefield as an act of war is considered justifiable homicide, and killing, without malice, to save one's own life or the lives of one's dependents is termed excusable homicide. The penalties for unlawful homicide vary from state to state and range from the death sentence to various terms of imprisonment.
 
 


Hearsay Evidence

 
Evidence given by a witness based on information passed to that person by others rather than evidence experienced at first hand by the witness. It is usually not admissible as evidence in criminal proceedings.
 
Hearsay is widely admissible in civil proceedings under the provisions of the Criminal Evidence Act 1968. In English law, however, the Children (Admissibility of Hearsay Evidence) Order 1990 permits hearsay evidence in civil cases connected with the upbringing, maintenance, or welfare of children; in criminal cases, such as child abuse , initial videotape of an
interview is admissable as evidence but only if the child attends court to be cross examined.
 

Inquest

Inquiry held by a coroner into an unexplained death. At an inquest, a coroner is assisted by a jury of between 7  and 11 people.
Evidence is on oath, and medical and other witnesses may be summoned.

Interpol Organization

 
Agency founded following the Second International Judicial Police Conference 1923 with its headquarters in Vienna, and reconstituted after World War II with its headquarters in Paris.
 
It has an international criminal register, fingerprint file, and methods index.


Jury System

 
Body of lay people (usually 12) sworn to decide the facts  of a case and reach a verdict in a court of law.  Juries, used mainly in English-speaking countries, are  implemented primarily in criminal cases, but also  sometimes in civil cases; for example, inquests and  libel  trials.
 
The British jury derived from Germanic custom. It was introduced into England by the Normans.   Originally it  was a body of neighbours who gave their opinion on the basis of being familiar with the protagonists and background of a case. Eventually it developed into an impartial panel, giving a verdict based solely on  evidence heard in  court. The jury’s duty is to decide the  facts of a case: the judge directs them on matters of  law.
 
The basic principles of the british system have been  adopted in the USA, most Commonwealth countries, and some European countries (for example, France). Grand juries  are still used in the USA at both state and federal  levels to decide whether there is a case to be referred  for trial.
 
In England, jurors are selected at random from the electoral roll. Certain people are ineligible for jury service (such as lawyers and clerics), and others  can be excused (such as members  of Parliament and doctors).
 
If the jury cannot reach a unanimous verdict it can give a majority verdict (at least 10 of the 12).
 
 

Juvenile Delinquency

 
Offences against the law that are committed by young people.
 
A juvenile offender is a person under the age of 17 who has committed a crime. A child under the age of 10 is deemed incapable of committing a crime. Between the ages of 10 and 14 a child may be convicted if he or she knew that their actions were morally or legally wrong.
 
Juvenile offenders cannot be sentenced to imprisonment; instead they may be committed to a young offender institution.

Justifiable Homicide

There are three kinds:-
 
(1) Homicide in the execution of the law, as when the executioner carries out the sentence.
 
(2) Homicide for the advancement of public justice, that is to say, justifiable by permission rather than command of the law, as when a policeman unintentionally kills a person resisting lawful arrest.
 
(3) Homicide in just defence of person and property, or for the prevention of some attrocious crime such as murder, rape, arson, burglary etc which could not otherwise have been avoided. '

 


Law Courts

 
Bodies that adjudicate in legal disputes. Civil and criminal cases are usually dealt with by separate courts. In many countries there is a hierarchy of courts that provide an appeal system.
 
In England and Wales the court system was reorganized under the Courts Act 1971. The higher courts are: the House of Lords (the highest court for the whole of Britain), which deals with both civil and criminal appeals; the Court of Appeal, which is divided between criminal and civil appeal courts; the High Court of Justice dealing with important civil cases; crown courts, which handle criminal cases; and county courts, which deal with civil matters.
 
Magistrates’ courts deal with minor criminal cases and are served by justices of the peace or stipendiary (paid) magistrates; and juvenile courts are presided over by specially qualified justices. There are also special courts, such as the Restrictive Practices Court and the Employment Appeal Tribunal.
 
The courts are organized in six circuits. The towns of each circuit are first-tier (High Court and circuit judges dealing with both criminal and civil cases), second-tier (High Court and circuit judges dealing with criminal cases only), or third-tier (circuit judges dealing with criminal cases only). cases are allotted according to gravity among High Court and circuit judges
and recorders (part-time judges with the same jurisdiction as Circuit Judges.
 
In 1971 solicitors were allowed for the first time to appear in and conduct cases at the level of the crown courts, and solicitors as well as barristers of ten years standing became eligible for appointment as recorders, who after five years become eligible as circuit judges.
 
In the UK in 1989 there were 5,500 barristers and 47,000 solicitors. In Scotland, the supreme civil court is the Court of Session, with appeal to the House of Lords; the highest criminal court is the High Court of Justiciary, with no appeal to the House of Lords.

Law Lords

 
In England, the ten Lords of Appeal in Ordinary who, together with the Lord Chancellor and other peers, make up the House of Lords in its judicial capacity.
 
The House of Lords is the final court of appeal in both criminal and civil cases. Law lords rank as life peers.


Lie Detector

 
Instrument that records graphically certain body activities, such as thoracic and abdominal respiration, blood pressure, pulse rate, and galvanic skin response (changes in electrical resistance of the skin).
 
Marked changes in these activities when a person answers a question May indicate that the person is lying.
 

Lord Advocate

 
Chief law officer of the crown in Scotland who has ultimate responsibility for criminal prosecutions in Scotland.
 
The Lord Advocate does not usually act in inferior courts, where prosecution is carried out by procurators-fiscal acting under the Lord Advocate's instructions.

Manslaughter

It is the unlawful and felonious killing of a person without malice, either expressed or implied. Manslaughter is either voluntary, from sudden transport of passion as where persons fight upon a quarrel and one is killed or involuntary ensuing from the commission of some unlawful act, or from the pursuit of some lawful act criminally or improperly performed, or from the negligent commission of some duty.  The absence of malice is the main distinction between this species of homicide and murder. In the gravest cases it May be, and is punished by imprisonment for life.

Motive

This is the reason for a certain course of action whether conscious or unconscious. When detectives are investigating a murder one of the first things they look for is motivation. Often by establishing the motive they can name the murderer.  The motive could be hate, greed, sex, money, jealousy, fear or many other reasons.
 
Motive is one of three components that go together to form a criminal act. The other two are opportunity and method.
 
For some examples of Motives and Reasons for murder
 


Mafia

 
Secret society reputed to control organized crime such as gambling, loansharking, drug traffic, prostitution, and protection; connected with the Camorra of Naples.
 
The Mafia grew during Prohibition in the USA. Main centres are New York, Las Vegas, Miami, Atlantic City, and Chicago. Organization is in families, each with its own boss, or capo. A code of loyalty and secrecy, combined with intimidation of witnesses, makes it difficult to bring criminal charges against its members.
 
However, Al Capone was sentenced for federal tax evasion and Lucky Luciano was deported.
 
Recent cases of the US government versus the Mafia implicated Sicilian-based operators in the drug traffic that plagues much of the Western world (the pizza connection).
 
In Dec 1990 John Gotti, reputedly head of the Gambino family of the Mafia, was indicted on 11 charges, including murder, tax evasion, and obstruction of justice. This was the fourth time in five years that Dapper Don Gotti had been indicted and on previous occasions he had secured acquittal on all charges.
 


Magistrate Court

 
In England and Wales, a local law court that mainly deals with minor criminal cases. A magistrates court consists of between two and seven lay justices of the peace (who are advised on the law by a clerk to the justices), or a single paid lawyer called a stipendiary magistrate.
 
It deals with some civil matters, too, such as licensing certain domestic and matrimonial proceedings, and may include a juvenile court. In committal proceedings, a magistrates court decides whether more serious criminal cases should be referred to the crown court.

Necropsy

Autopsy, also necropsy, medical examination of a dead human body, including the internal organs, to determine the cause of death or to study pathological changes. An autopsy is performed by a doctor trained in pathology. After the exterior body is thoroughly examined, an incision is made to expose the internal organs. Their position is noted, and they are removed for examination by eye and further study under a microscope. Autopsies are commonly performed shortly after death; usually authorization of a surviving relative is required.
 
Most autopsies serve to advance medical knowledge, but autopsies also have legal uses. Deaths resulting from violence or poison, or occurring under suspicious circumstances, are investigated by a government officer, called either a coroner or a medical examiner. In such instances, the autopsy is made to determine the time and circumstances of death, thereby providing evidence for legal action.
 

 


New Scotland Yard

 
Headquarters of the Criminal Investigation Department (CID) of Britain's London Metropolitan Police, established in 1878.
 
It is named from its original location in Scotland Yard, off Whitehall.

Not Proven

In a Scottish Criminal Court one of the three verdicts May be returned - guilty, not guilty and not proven.
 
A verdict of Not Proven has the force of, and the same result as an acquittal. There is no basis for the popular belief that a Case which ends in a verdict of not proven May be re-opened if, at some time in the future new circumstances should come to light.
 


Old Bailey

 
Popular name for the Central Criminal Court in London, situated in a street of that name in the City of London, off Ludgate Hill.  Over the years this has been  the scene of some of the most famous cases in the world.
 


Parole

 
Conditional release of a prisoner from jail. The prisoner remains on licence until the date release would have been granted, and may be recalled if the authorities deem it necessary.
 
In the UK, the granting of parole is discretionary and is usually considered after one-third of the prisoner's sentence has been served.
 
The Criminal Justice Bill 1991 provided for prisoners serving less than four years to be released after half their sentence had been served, and others after two-thirds of their sentence.
 

Police

 
Civil law-and-order force. In the UK it is responsible to the Home Office, with 56 autonomous police forces, generally organized on a county basis; mutual aid is given in circumstances such as mass picketing in the 1984-85 miners strike, but there is no national police force or police riot unit (such as the French CRS riot squad).
 
The predecessors of these forces were the ineffective medieval watch and London's Bow Street runners, introduced 1749 by Henry Fielding which formed a model for the London police force established by Robert Peel's government 1829 (hence peelers or bobbies, the system was introduced throughout the country from 1856.
 
Landmarks include: Criminal Investigation Department detective branch of the London Metropolitan Police (New Scotland Yard) 1878, recruited from the uniformed branch (such departments now exist in all UK forces); women police 1919; motorcycle patrols 1921; two-way radio cars 1927; personal radio on the beat 1965; and Special Patrol Groups (SPG) 1970, squads of experienced officers concentrating on a specific problem (New York has the similar Tactical Patrol Force).
 
Unlike most other police forces, the British are armed only on special occasions, but arms Issues grow more frequent.
 
In 1985 London had one police officer for every 268 citizens.
 
Other police forces include the Garda Siochana in the Republic of Ireland, the Carabinieri in Italy, the Guardia Civil in Spain, the Royal Canadian Mounted Police (Mounties) in Canada, the Police Nationale (under the Ministry of the Interior) for the cities and the Gendarmerie (part of the army) elsewhere in France.
 
In the UK, police expenditure increased by 55% in real terms in the period  1979 to 1990.
 
In 1991, the force claimed to clear up 26% of all recorded  crimes, although this is estimated to be only 7% of the total committed.
 

Prison

 
Place of confinement for those convicted of contravening the laws of the state; most countries claim to aim at rehabilitation.
 
The average number of people in prison in the UK (1990) was 43,314 (about 97 people per 100,000 of the population) with almost 20% of these under the age of 21.
 
About 22% were on remand (awaiting trial or sentence).
 
Because of overcrowding in prisons, almost 2,000 prisoners were held in police cells (1988). 55% of Male prisoners and 34% of Female prisoners were reconvicted within two years of being discharged from prison (1984).
 
The US prison population (1988) was 800,000 (about 426 per 100,000 people). There are an estimated 10 million
prisoners in Chinese prisons (1991).
 
Experiments have been made in Britain and elsewhere in open prisons without bars, which included releasing prisoners in the final stages of their sentence to work in ordinary jobs outside the prison, and the provision of aftercare on release.
 
Attempts to deal with the increasing number of young offenders include, from 1982, accommodation in community
homes in the case of minor offences, with (in more serious cases) short, sharp shock treatment in detention centres (although the latter was subsequently found to have little effect on reconviction rates).
 
Late 18TH century Growth of criminal prisons as opposed to places of detention for those awaiting trial or confined for political reasons. Previously criminals had commonly been sentenced to death, mutilation, or transportation rather than imprisonment.
 
One of the greatest reformers in Britain was John Howard, whose Prison Act 1778 established the principle of separate confinement combined with work in an attempt at reform (it was eventually carried out when Pentonville prison was built 1842).
 
19TH century The Quaker Elizabeth Fry campaigned against the appalling conditions in early 19th-century prisons.
Penal servitude was introduced 1857, as an additional deterrent, after the refUSAl of the colonies to accept transported convicts.
 
1948 Penal servitude and hard labour were finally abolished by the Criminal Justice Act 1948, so that there is only one form of prison sentence, namely imprisonment.
 
1967 Under the Criminal Justice Act 1967 courts may suspend prison sentences of two years or less, and, unless the offender has previously been in prison or borstal, will normally do so; that is, the sentence comes into effect only if another offence is committed.
 
Persistent offenders may receive an extended sentence for the protection of the public.
 
After serving one-third of their sentence (minimum 12 months), selected prisoners may be released on parole.
 
 
1972  The Criminal Justice Act 1972 required the courts to consider information about an offender before sentencing them to prison for the first time, and introduced the concept of community service to replace prison for nonviolent offenders, and of day-training centres for the social education under intensive supervision of those who could not integrate well into society.

Procurator Fiscal

 
Officer of a Scottish sheriff's court who (combining the  role of public prosecutor and coroner) inquires into suspicious deaths and carries out the preliminary questioning of witnesses to crime.

Post Mortem

This is a highly skilled procedure used to establish the cause of death. When someone dies it is not always apparent how they died, if this is the Case then an examination of the body must by law take place. An external examination will first of all take place and then the body will be opened up for further testing. The organs are sometimes removed and tests performed on them. this procedure is also known as an autopsy and sometimes even by the name Necropsy. One of the great pathologists
of our time, Sir Bernard Spilsbury would carry out over seven hundred Post Mortems in a single year.
 


Remand Prison

 
In the UK 1987, 59,000 people were remanded. Nearly half were eventually either found notguilty or given a non-custodial sentence. Two-thirds of all women remanded were freed after trial. In the mid-1970s remand prisoners made up about 12% of the prison population in England and Wales. In 1989 this figure was 23%. The average waiting time for a remand
prisoner is now 8 weeks.
 
In Scotland there is a strict 110-day waiting limit. It costs 30 times more per year to keep a prisoner in custody than it would for 100 hours community service.
 
In 1990 there was widespread rioting in several prisons in Britain, notably the 25-day siege at Strangeways Prison in Manchester; this was the longest ever prison siege in the UK, during which several prisoners died and extensive damage was caused.
 


Sentence

 
 
In law, the judgement of a court stating the punishment to be imposed following a plea of guilty or a finding of guilt by a jury.
 
Before a sentence is imposed, the antecedents (criminal record) and any relevant reports on the defendant are made known to the judge and the defence May make a plea in mitigation of the sentence.
 
Apart from a term of imprisonment, a British court May impose fines, probation orders, community-service orders, attendance-centre orders, hospital orders, guardianship orders, bind over the person in question, and (for juveniles only) enforce either a care order or detention in a young offenders institution.
 
If a term of imprisonment is imposed, it May take several forms, including a concurrent sentence (served at the same time as one or more other sentences when the accused has been convicted of more than one offence); an extended sentence (longer than the maximum prescribed for a particular offence); a suspended sentence (one that does not take effect immediately); and a partly suspended sentence (in which the offender serves only part of the sentence).
 
Both a suspended and partly suspended sentence may take full effect if the offender commits another offence.
 
 


Treasury Counsel

 
In the UK, a group of barristers who receive briefs from the Director of Public Prosecutions to appear for the  prosecution in criminal trials at the Central Criminal Court ( Old Bailey ).

 


Witness

 
In law, a person who was present at some event (such as an accident, a crime, or the signing of a document) or as relevant special knowledge (such as a medical expert) and can be called on to give evidence in a court of law.
 
In the UK, under the Criminal Justice Bill going through Parliament 1991, provision is made for child witnesses of sex or violence offences to give evidence on a video recording in a crown court and, up to the age of 17, via a live television link, and the defendant in these cases is not allowed to cross-examine the alleged victim in person.
 


.

For more information contact:
Gregg Manning