The criminal justice system has a language all its own. It comes as second-nature to judges, court personnel, lawyers and law enforcement. But to sexual assault victims, and many victim advocates, this language can swirl around them making the criminal justice system seem all the more intimidating. Following are easy-to-understand definitions for the basic legal concepts that come up in the criminal justice system.

Burden of proof is the standard that the evidence must satisfy in order to prove a claim or charge and to which party this responsibility falls. In the criminal justice system the prosecution always has the burden of proof and the standard is that the evidence must prove the criminal charges “beyond a reasonable doubt.” The defendant has no burden to prove or show anything.

Probable Cause is the burden of proof for making an arrest and charging someone with a crime. It requires sufficient reason, based on known facts, to believe that the defendant committed a crime. It must be based on more than mere suspicion but does not require proof sufficient to establish guilt.

Beyond a reasonable doubt is the burden of proof in every criminal case. The concept can be difficult to comprehend and there is no uniform definition for it. Generally, it can be understood that while it is not enough for the prosecution to show that the defendant is probably guilty; it does not mean that the prosecution has to prove its case beyond all doubt.¹

Presumption of Innocence means that the defendant is presumed to be innocent until all of the evidence has been presented and proves beyond a reasonable doubt that the defendant is guilty. Only if the evidence meets this burden of proof may the presumption of innocence be lifted.     

Discovery is the process through which a party gains access to evidence possessed by the other party. In the criminal justice system, defendants are entitled to receive discovery from the prosecution prior to trial so that they can prepare their defense. Statutes and case law govern what evidence a defendant has the right to receive. Generally, the defendant is entitled to receive copies of all police reports, witness statements, photographs, recordings, and evidence that the police and/or prosecutor has in their possession that relate to the crime(s) charged. Discovery and the obligation the prosecution has to turn evidence over to the defendant are explained later in this module.   

Statute of Limitations refers to the time limit for bringing a charge for a particular crime. Usually the statute of limitations time begins running when the crime is perpetrated. The specific time allowed for bringing charges depends on the type of crime and the jurisdiction. Consult your agency’s state-specific supplemental guide for local law.²

Right to Remain Silent means that suspects do not have to speak to law enforcement and the decision not to speak cannot be held against them in court. Once suspects are in police custody, they must be advised of their right to remain silent, right to have an attorney present if they wish to speak to law enforcement, and warned that anything they do choose to say can be used against them in court. This statement of the suspect’s rights is known as Miranda warnings and, as often seen on television or in movies, usually begins with “You have the right to remain silent…”    

Right to Counsel means that defendants have a right to the assistance of an attorney at every stage of the criminal justice process. This means that if a defendant cannot afford to pay for an attorney the government must provide a competent attorney to represent the defendant. Defendants also have a constitutional right to act as their own attorney, known as proceeding pro se. It is important to understand that once the defendant’s right to counsel has been triggered or “attached,” it remains in place for each and every stage of the process thereafter.

Right to Speedy Trial means that defendants have a constitutional right to a trial within a reasonable time after being arrested and charged. Many states have laws that set a specific time limit by which the trial must commence. Consult your agency’s state-specific supplemental guide for local law. However, there are many reasons why portions of the time before trial are “excluded” from the speedy trial calculation. For example, any delay caused by the defendant will be excluded. Violating a defendant’s right to a speedy trial can result in dismissal of the charges.

Right to Trial by Jury means that defendants charged with “serious” crimes have a constitutional right to have their guilt or innocence determined by an impartial jury of their peers. The charges that trigger this right differ among jurisdictions. Citizens are summoned for jury duty and, from that pool of citizens, jurors are selected through a process called voir dire, a French phrase that means “to see to speak” and involves questioning of prospective jurors about their ability to judge the case in a fair and unbiased manner. Charges that do not carry a right to trial by jury will be decided by a judge, referred to as a bench trial. Even where defendants have a right to trial by jury, they can waive that right and choose to have the case decided by a judge.

Right to Confront Witnesses means that defendants have the right to be present when witnesses testify against them and to dispute the testimony of the witnesses against them through their own questioning (usually done by their attorney), called cross-examination.