Definitions every kid should know

Mom and Dad, Grandma, or anyone raising a kid, here’s a thought. We know the drugs are bad for kids as it affects their brain, their ambition and who they consider their friends. It’s tough to get through to kids though. I have developed the following 20 definitions quiz for just such an occasion. Post this on the refrigerator and tell them that until they score 100%, they can’t do drugs because they are too stupid to handle what will happen. The terminology is not that complicated, but still people get confused. Here it goes.

Jail. That’s where you go pending a trial, or are sentenced to jail to serve time for misdemeanors or local ordinance violations. County jails fall under the auspices of the sheriff. How long you stay in jail depends on you, the crime, your living situation, and the judge’s mood. Showing the judge respect will help you a little, but being a jerk will hurt you a bunch.

Prison. That’s where you go to serve felony sentences. Politicians don’t usually have to worry about prison; their felonious conduct is part of politics. Usually prisons are run by the state or federal government, but sometimes private entities run them. I’ve visited both and can’t tell the difference. They both stink, have bars to keep you locked up and miserable food.

Probation. That’s the part of your sentence where the judge is not requiring you to be incarcerated, but you have rules like curfew, drug tests and keeping a job. Violation of the rules can lead to your incarceration, normally after a judge hears your case.

Parole. That’s when the Parole Board lets you out of prison early, but again with rules. There is no judicial oversight of parole revocations, but there is a hearing in front of a parole member(s).

Arrest Warrant. Warrants are issued by judges of almost any kind. The warrant accuses you of some violation of the law. The judge may grant a bond before you are arrested, or wait until you are arrested.

Citation. Normally it’s a document that charges you with something pitiful, like a traffic infraction. You don’t go to jail but are directed to appear in court. Unless you decide to make a routine ticket into the event of the century. It’s possible to get arrested after the officer was going to let you go. I’ve seen it. A lot.

Indictment. A grand jury has heard your case and decided that you should stand trial. You weren’t there to tell your side of the story. Sorry. An indictment can cause a warrant to be issued for your arrest. It just depends.

Accusation. There are exceptions to being indicted by a jury. Some drug and traffic offenses can be accused by the prosecutor.

Bail. Bond. Bail bond. They are the same thing. It’s an amount of money to be posted to ensure your presence at future court hearings. Bail can have conditions attached, like no drinking, no guns, no violent contact with victim, etc. Violating those conditions might lead to you being arrested, with or without a hearing, depending on the judge’s mood.

Attorney. Only a licensed attorney can represent you in court; however, you can represent yourself, fool. Representing yourself is called “Pro se.” Your knowledge of the law isn’t something you pick up off the streets, or in jail. So just shut up and wait for a lawyer to be assigned to you.

Capital case. Bad, really bad. A capital case means your charges make you eligible for the death penalty.

Community service. An activity assigned by your probation/parole officer as part of your sentence. Things like picking up trash, cleaning creeks, working at the animal shelter or washing police cars are examples of community service.

Consecutive sentence. That’s where the judge piles on, adding your sentences together to give you a longer sentence. It’s a bad thing.

Concurrent sentence. The judge stacks your sentences, running them at the same time. It’s a good thing.

Defendant. You. The person charged with a crime.

Public defender. A lawyer hired by the government to represent you. Show them respect. They’ll represent you even if you are a jerk, but you should respect them.

Felony. A crime with punishment of at least one year or more.

Misdemeanor. A crime with punishment of 12 months or less. There are exceptions.

Jury. The people selected to hear your case. Again R.E.S.P.E.C.T. for your own good.

Prosecutor. The lawyer representing the People of the jurisdiction charging you with a crime.

Bonus – Burden of Proof. The prosecution has to prove that you committed the crime beyond a reasonable doubt. What is reasonable doubt? Get four years of college and three years of law school and maybe you can define that. But it’s going to be impossible if you are a drug addict, so just stay clean and you’ll be fine.

Kelly Burke, retired attorney, former district attorney and magistrate judge, writes about the law, rock ’n’ roll, and politics or anything that strikes him. These articles are not designed to give legal advice, but are designed to inform the public about how the law affects their daily lives. Contact Kelly at dakellyburke@gmail.com to comment on this article or suggest articles that you’d like to see, and visit his website at www.kellyrburke.com to view prior columns.

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