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Glossary


TermDefinition
abetto assist in the commission of a crime.
abode a person’s residence
abolish eliminate, remove or extinguish
accept the act of receiving and intending to retain
accessory one who assists another in the commission of a crime
accomplice one who acts with another in a common purpose in the commission of a crime
accused one who has been charged with the commission of a crime
acquit the act of declaring that one who has been charged with a crime is not guilty
act a law that has been passed by a legislative body
actionable informationinformation that allows the dispatcher to take an appropriate action or make an effective decision
adjudicate the action by a court of making a formal and final decision in a case or conflict
administration of criminal justiceperformance of any of the following activities: Detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of criminal history record information.
admission an incriminatory statement by one accused of committing a crime
admonish to warn or instruct
affiant one who makes a written statement under oath
affidavit a written statement that has been sworn to before a notary public
alias a name, other than one’s legal name, by which the person is known
allege to claim or accuse
arrestan actual restraint of the person of the defendant, or by his or her submission to the custody of the officer, under authority of a warrant or otherwise for a criminal violation which results in the issuance of a summons or the person being booked.
arrest reporta record of a law enforcement agency of an arrest and of any detention or confinement incident to the arrest together with the charge upon which the arrest was based
authorized state agencya division of state government or an office of state government designated by the statutes of Missouri to issue or renew a license, permit, certification, or registration of authority to a qualified entity
bail an amount of money or property which is forfeited if a person charged with a criminal offense fails to appear for a required court proceeding
case a lawsuit, either civil or criminal
central repositorythe Missouri state highway patrol criminal records and identification division for compiling and disseminating complete and accurate criminal history records and for compiling, maintaining, and disseminating criminal incident and arrest reports and statistics
certiorari a type of court order in which an appellate court directs that a lower court send it a particular case so it may be reviewed
CFRCode of Federal Regulations
change of venue removing a case from one location to another for purposes of trial
CHRICriminal History Record Information - information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, and release
CHRISCriminal History Record Information System - a system including the equipment, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminal history record information
CJISCriminal Justice Information System
class A misdemeanorthe penalty for this classification of crime may include imprisonment not to exceed one year in jail and a fine which does not exceed one thousand dollars
class B misdemeanorthe penalty for this classification of crime may include imprisonment not to exceed six months in jail and a fine which does not exceed five hundred dollars
class D felonythe penalty for this classification of crime may include a sentence not to exceed four years and to pay a fine which does not exceed five thousand dollars
closed recordsrecords that are inaccessible to the general public
complaint a sworn statement submitted to a judicial officer that sets forth a factual basis sufficient to support a criminal charge
confession a full acknowledgement of one’s guilt in the commission of a criminal offense
confidentialrefers to a level of security in which access to a record is restricted; closed records are deemed confidential
control terminal agencya duly authorized state, foreign, or international criminal justice agency with direct access to the National Crime Information Center telecommunications network providing statewide (or equivalent) service to its criminal justice users with respect to the various systems managed by the FBI CJIS Division
Court of Appeal a court that exists for the purpose of reviewing the decisions of lower courts
criminal history record repositorythe state agency designated by the governor or other appropriate executive official or the legislature to perform centralized record keeping functions for criminal history records and services in the state
criminal justice agencya governmental agency or any subunit thereof that performs the administration of criminal justice pursuant to a statute or executive order, and that allocates a substantial part of its annual budget to the administration of criminal justice. Courts, state and federal Inspector General Offices are included.
defendant a person who is being sued in a civil action or is prosecuted in a criminal action
direct accesshaving the authority to access systems managed by the FBI CJIS Division, whether by manual or automated methods, not requiring the assistance of or intervention by any other party or agency
discovery a proceeding whereby one party to an action may be informed as to facts known by other parties or witnesses
dispositioninformation disclosing that criminal proceedings have been concluded and the nature of the termination. Dispositions shall include, but shall not be limited to, acquittal, charge dismissed, guilty plea, convicted, youthful offender determination, deceased, deferred disposition, pardoned, placed on probation, paroled, or released from correctional supervision.
double jeopardy the prohibited act of attempting to charge and prosecute a person twice on the same crime
ex parte communication involving only one party in a lawsuit
exculpatory tending to exonerate or free of guilt in a criminal case
exigent something calling for immediate action, an emergency
felony the more serious type of criminal offense, one in which the potential penalties can range, depending on the jurisdiction, from in excess of one year of incarceration to death
final dispositionthe formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system
FIRSFingerprint Identification Records System - consists of Criminal fingerprints and related information submitted by authorized agencies; fingerprints submitted by federal agencies and by persons wanting their fingerprints on record for identification purposes; "rap sheets," which are compilations of criminal history record information; and a name index for individuals whose fingerprints are in the FIRS.
gravamenthe most essential element of a criminal charge
holding the essential or ultimate legal conclusion expressed by a court in expressing its decision in a given case
III System or Triple IInterstate Identification Index System
impeach to weaken the credibility of a witness
in camera refers to the situation where a judge reviews potential evidence alone in chambers
inactiveapplies to an investigation in which no further action will be taken because: (a) a decision not to pursue the case; (b) expiration of the statute of limitations, or ten years after the commission of the offense; whichever date earliest occurs; (c) finality of the convictions of all persons convicted on the basis of the investigative report, or expiration of all rights of appeal
incident reporta record of a law enforcement agency consisting of the date, time, specific location, name of the victim and immediate facts and circumstances surrounding the initial report of a crime or incident, including any logs of reported crimes, accidents and complaints maintained by that agency
inculpatory tending to incriminate
indictment a formal charging document issued by a grand jury to bring a criminal charge against a person
information a formal charging document used by prosecuting attorneys to bring a criminal charge against a person as an alternative to an indictment
instruction the directions a judge gives to a jury to guide it in deciding a case
Interstate Identification Index System (III System)the cooperative federal-state system for the exchange of criminal history records, and includes the National Identification Index, the National Fingerprint File, and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI
investigative reporta record, other than an arrest or incident report, prepared by personnel of a law enforcement agency, inquiring into a crime or suspected crime, either in response to an incident report or in response to evidence developed by law enforcement officers in the course of their duties
LEPACREJIS Commission and Law Enforcement Policy Advisory Committee is a policy making body within the REJIS organization.
misdemeanor a lesser type of criminal case, one in which the potential penalty an accused would be facing would be a year or less of incarceration
Missouri charge codea unique number assigned by the office of state courts administrator to an offense for tracking and grouping offenses. Beginning January 1, 2005, the complete charge code shall consist of digits assigned by the office of state courts administrator, the two-digit national crime information center modifiers and a single digit designating attempt, accessory, or conspiracy.
Missouri criminal record reviewa review of criminal history records and sex offender registration records maintained by the Missouri state highway patrol in the Missouri criminal records repository.
MULESMissouri Uniform Law Enforcement System
National criminal record reviewa review of the criminal history records maintained by the Federal Bureau of Investigation
NCICNational Crime Information Center - the computerized information system, which includes telecommunications lines and any message switching facilities that are authorized by law, regulation, or policy approved by the Attorney General of the United States to link local, state, tribal, federal, foreign, and international criminal justice agencies for the purpose of exchanging NCIC related information. The NCIC includes, but is not limited to, information in the III System.
NFFNational Fingerprint File - a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System
NIINational Identification Index - an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System
OJARSan acronym that stands for a federal agency: Office of Justice Assistance, Research, and Statistics
parties the persons or entities directly involved in litigating a civil or criminal case
patient or residenta person who by reason of age, illness, disease or physical or mental infirmity receives or requires care or services furnished by a provider, as defined in this section, or who resides or boards in, or is otherwise kept, cared for, treated or accommodated in a facility as defined in Missouri law for a period exceeding twenty-four consecutive hours
plaintiffa person who initiates a civil lawsuit
precedent a case that establishes a new and original legal principle relative to a particular set of facts
providera person who 1) has or may have unsupervised access to children, the elderly, or persons with disabilities; and 2) a) is employed by or seeks employment with a qualified entity; or b) volunteers or seeks to volunteer with a qualified entity; or c) owns or operates a qualified entity
PSAPPublic Safety Answering Point - a 24-hour communication facility established as an answering location for 911 calls originating within a given service area. An SPSAP (Secondary Public Safety Answering Point) only receives 911 calls from a PSAP on a transfer or relay basis.
purpose codea one-letter, alphabetic code that assists the FBI in maintaining an audit trail regarding the disclosure of criminal history and the recipient of the CHRI record
qualified entitya person, business, or organization, whether public or private, for profit, not for profit, or voluntary, that provides care, placement, or educational services for children, the elderly, or persons with disabilities as patients or residents, including a business or organization that licenses or certifies others to provide care or placement services
REJISRegional Justice Information System, Inc. is a regional data processing center serving governmental agencies in the greater St. Louis, Missouri area. REJIS is a joint commission of the City and County of St. Louis.
state offense cycle numbera unique number, supplied by or approved by the Missouri state highway patrol, on the state criminal fingerprint card. The offense cycle number, OCN, is used to link the identity of a person, through fingerprints, to one or many offenses for which the person is arrested or charged. The OCN will be used to track an offense incident from the date of arrest to the final disposition when the offender exits from the criminal justice system.
statutean Act of Congress or of a state legislature or a provision of the Constitution of the United States or of a state
suppress exclude from becoming admissible evidence in a criminal trial
Triple IInterstate Identification Index System (III System)
U.C.R.Uniform Crime Report (FBI)
voir dire the process where prospective jurors are questioned by lawyers in the initial stage of a trial
youth services agencyany public or private agency, school, or association which provides programs, care or treatment for or which exercises supervision over minors

TermDefinition
FIRST AMENDMENT (Freedom of Speech)Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.'

Verbally confronting the police is a right all Americans have under the First Amendment.

FOURTH AMENDMENT (Search and Seizure) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'

To pass muster under the Fourth Amendment, detention must be 'reasonable.

In the context of a criminal arrest, a detention of longer than 48 hours without a probable cause determination violates the Fourth Amendment as a matter of law in the absence of a demonstrated emergency or other extraordinary circumstance.

Unreasonable Searches And Seizures.

Even in the law enforcement context, the State may interfere with an individual's Fourth Amendment interests with less than probable cause and without a warrant if the intrusion is only minimal and is justified by law enforcement purposes.

An essential purpose of a warrant requirement is to protect privacy interests by assuring citizens subject to a search or seizure that such intrusions are not the random or arbitrary acts of government agents.

Except in certain narrowly limited cases, the Court repeatedly has stated its 'insist[ence] upon probable cause as a minimum requirement for a reasonable search permitted by the Constitution.

Only when law enforcement faces an exigent circumstance is the warrant requirement exempted.

The Fourth Amendment provides no protection for what 'a person knowingly exposes to the public'. Like a man's facial characteristics, or handwriting, or his voice is repeatedly produced for others to hear. No person can have a reasonable expectation that others will not know the sound of his voice, any more than he can reasonably expect that his face will be a mystery to the world.

FIFTH AMENDMENT (Self-Incrimination / Miranda)

'No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.'

SIXTH AMENDMENT (Due Process)

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence." U.S. Const. amend. VI.

The Sixth Amendment guarantees a criminal defendant the fundamental right to be clearly informed of the nature and course of the charges in order to permit adequate preparation of a defense.

The Sixth Amendment, which is applicable to the states through the Due Process Clause of the Fourteenth Amendment, guarantees a criminal defendant a fundamental right to be clearly informed of the nature and cause of the charges against him.

A murder trial is not one of the "games that people play." The due process clause does not serve as an innocent bystander. It acts as the umpire and referee all rolled into one and calls "foul" where rules of fair play are broken.

FOURTEENTH AMENDMENT - SECTION 1 (Equal Protection / Non-Discrimination) All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.