Glossary of Terms - Sixth Amendment Center

A

Administration of indigent defense services: The state's authority to determine how public defense services are delivered and the attorneys who can deliver services.
Adversarial: A dispute, disagreement, or opposition between two or more individuals.
Advisement of rights: Process in which a defendant is informed of their constitutional protections that typically occurs at the defendant's initial hearing in a criminal case.
Alabama v. Shelton: U.S. Supreme Court case prohibiting the imposition of suspended prison sentences if an indigent defense was not offered counsel at trial.
Alternative funding: Funding that does not come from general tax dollars but is instead generated locally through fees and distributed only within the local jurisdiction where it was collected.
Appointed counsel: Attorney who provides legal representation to an indigent defendant in a criminal case (see Public defender, Assigned Counsel, and Contract counsel).
Argersinger v. Hamlin: U.S. Supreme Court case expanding Gideon v. Wainwright's right to counsel for indigent defendants to all cases where there is a possibility of a jail sentence.
Arraignment: Defendant is brought before a judicial officer for an official reading of the criminal charge(s) against them and to enter a plea.
Assessment fee: A fee charged to a defendant at the beginning of court proceedings to receive a court-appointed lawyer.
Assigned counsel: Private attorney who is appointed on a case-by-case basis to provide legal representation to an indigent defendant in a criminal case.
Attachment: When the right to counsel is triggered in a criminal case, which is at the first appearance before a judicial officer at which a defendant is told of the formal accusation against him and restrictions are imposed on his liberty.
Attorney: A person licensed to provide legal representation.

B

Bail: Money paid by a defendant to secure their release from custody until trial and returned after disposition.
Bail hearing: Court appearance in front of a judicial officer to decide the amount of money a defendant needs to pay for bail.
Bench trial: A trial in which a judge (not the jury) is the finder of fact and renders the verdict
Beyond a reasonable doubt: The standard of proof required in criminal trials for a judge or jury to find the defendant guilty.
Bond: Defendant secures pre-trial release by posting non-monetary collateral, paying a portion of bail, or using bail bond company as an agreement with the court to ensure the defendant's appearance at trial.

C

Capital offense: A crime that is punishable by the death penalty.
Case cap: A limit on the number of hours an attorney may bill for in an individual case.
Case-related expenses: Expenses incurred by an attorney during the course of providing representation, such as investigators, social workers, immigration consults, experts, postage, jail calls, and copying discovery documents.
Caseload: The total number of assigned cases that an attorney is handling at any time.
Change of plea: When the defendant changes their initial answer to the criminal charge brought against them (See Plea).
Charge: Accusation by the government that a crime was committed by the defendant
Charging instrument: A formal document issued by the government to begin a criminal proceeding against a defendant (See Complaint, Indictment, and Information).
Chief public defender: Head attorney at a public defender office what oversees the agency and handles adminstrative matters.
Civil commitment: A legal process in which a judge orders a person with severe mental illness or substance abuse disorder to receive treatment against their will.
Collateral consequences: Consequences of a criminal conviction or guilty plea besides imprisonment or fines, such as immigration consequences or loss of public assistance.
Colloquy: A formal in-court discussion, often for the judicial officer to ensure a defendant understands their rights and the legal proceedings.
Commission: A body, whose members are appointed by government officals, created for a designated purpose, such as to oversee an indigent defense system.
Compensation: The payment attorneys receive in exchange for providing legal services.
Complaint: A formal charging instrument filed by the prosecutor against the defendant
Confidentiality: The duty of attorneys to not share private information they have learned from representing a client.
Conflict counsel: Attorney who takes over the representation of a defendant when there is a conflict of interest.
Conflict of interest: When an attorney has competing loyalties or stakes that compromise their duty to a case.
Conflict office: A pubilc defense office that takes cases when the primary office has a conflict of interest.
Contempt of court: A civil or criminal charge that someone has engaged in disrespectful behavior in a courtroom or disobeyed a court order.
Contract counsel: Private attorney who contracts with a governmental entity to provide legal representation for indigent defendants in criminal cases.
Contract system: A model where government enters into an agreement with private attorneys, law firms, groups of attorneys, or non-profit organizations to provide services.
Conviction: A formal judgment where a court finds a defendant guilty of a crime.
Court of last resort: The highest tribunal in a state, which acts as the final arbiter of law and serves as court of last resort for judicial review.
Criminal case: A type of legal case in which the government charges a person with violating a criminal law.
Critical stage of a case: A stage in a criminal case where a defendant is entitled to legal representation because of the potential substantial prejudice to the defendant's rights if the defendant was without counsel.
Custodial interrogation: An interrogation by police when a defendant is in-custody; if this happens after the right to counsel has been triggered, this is a critical stage and the defendant is entitled to legal representation under the Sixth Amendment.

D

De novo: When a court hears an already decided case "fresh" or without looking at the existing record on the case or the prior court's decision.
Direct appeal: Defendant's first appeal to a higher court in their jurisdiction challenging their conviction.
Discovery: Government's pre-trial obgliation to disclose its evidence against the defendant to the defendant and if applicable, defendant may disclose evidence to the government.
Disposition: The final outcome of a legal case.
Diversion: Alternative, holistic pre-trial options for defendants besides incarceration to keep defendants out of the criminal system.
Douglas v. California: U.S. Supreme Court case guaranteeing the right to counsel for indigent defendants in direct appeals.
Due process: Constitutional requirement that certain procedures be followed before the government can take away a person's life, liberty, or property.

E

Elected Public Defender: A government-funded attorney, chosen by voters, who manages an indigent defense system.
Eligibility: Whether a person qualifies for a certain benefit or designation.
Evitts v. Lucey: U.S. Supreme Court case expanding Douglas v. California's the right to counsel in the first appeal to require effective assistance of counsel.
Expenditure: Money spent by the government, often listed in a government body's yearly budget and fiscal reports.
Expert: Professional who provides specialized knowledge to assist with a fact at issue, typically during the trial period of a case.

F

Federal poverty guideline: The guidelines created and used by the federal government to determine if a person is financially eligible for government programs.
Fees: Money charged for a service (e.g., a filing fee)
Felony: A crime, typically punishable by more than a year of prison or death
Fines: Money charged for breaking a rule of law (e.g., a traffic fine)
Flat fee: A form of compensation in which an attorney is paid a given amount per case, per case event, per defendant, or per unit of time spent accepting ad hoc assignments.
Fourteenth Amendment: Constitutional amendment requiring states to provide all citizens and those subjected to their jurisdiction equal protection under the law.
Funding of indigent defense services: The way the state pays for public defense services.

G

General jurisdiction: The ability of a court to hear all types of cases (federal, state, civil, criminal, etc.)
Gideon v. Wainwright: U.S. Supreme Court case guaranteeing the right to counsel for indigent defendants in state courts for serious crimes.
Grand jury: Jurors participate in a hearing to determine if the government has enough evidence to bring an indictment against a defendant.
Guilty plea: In a criminal case, a formal admission in court by the defendant of criminal guilt and waiver of the right to a trial.

H

Habeas corpus: A legal argument and procedural option "of last resort" that imprisoned defendants may use to challenge their imprisonment as unlawful and unconstitutional.
Horizontal representation: An indigent defense system structure where different attorneys handle separate stages of a defendant's case (But see verticial representation).
Hourly rate: A form of compensation in which an attorney is paid a given amount of money per hour worked on a case.

I

In re Gault: U.S. Supreme Court case requiring state juvenile delinquency proceedings to comply with the requirements of the U.S. Constitution, as incorporated by the Fourteenth Amendment.
In-custody: Defendant is detained throughout the course of their criminal case (See Out-of-custody).
Independence: The ability to be free from political influence and judicial authority.
Indictment: A charging instrument created after a grand jury anonymously votes that there is sufficient evidence against the accused for a criminal proceeding.
Indigency determination: The method of deciding whether an individual can afford an attorney or whether they qualify for indigent defense services.
Indigency standard: The threshold guideline used to determine if a person is indigent or not.
Indigent: Of insufficient means; in the context of the right to counsel, it refers to a person who does not have sufficient income or assets to afford the prevailing cost of a private criminal defense attorney in their jurisdiction without substantial burden or undue hardship.
Indigent defense (also Public Defense): Legal representation afforded to individuals accused of a crime who cannot afford an attorney.
Ineffective assistance of counsel: Legal representation provided to a crimnal defendant, which fails to meet constitutional muster.
Information: A charging instrument created by the prosecutor without a grand jury and brought before a judicial officer, who decides if there is sufficient evidence against the accused for a criminal proceeding.
Initial appearance: A person's first court appearance after arrest, where they learn more about their constitutional rights as a criminal defendant.
Intermediary appellate court: The first court to hear appeals from decisions made by a trial court, ranking below the court of last resort.
Investigation: An independent inquiry into the facts of a case, generally by interviewing witnesses, visiting the crime scene, collecting physical or digital evidence, or requesting public records.

J

Jail: Facility for short-term imprisonment, typically for defendants being held before trial or convicted of misdemeanors.
Jailable Offense: An offense that carries a potential period of incarceration as a penalty.
Johnson v. Zerbst: U.S. Supreme Court case establishing the right to counsel as a fundamental right for indigent defendants in federal criminal cases.
Judicial district or circuit: A geographical area served by a particular district or circuit court, sometimes encompassing multiple counties.
Judicial officer: Public official, either elected or appointed, who presides over a court to hear disputes and resolves legal issues.
Jury trial: A trial in which a sample of adult members of the community are the finders of fact and render a verdict
Juvenile delinquency: A criminal legal proceeding in which the defendant is a minor.

L

Legal assistant: Professional who provides administrative assistance to attorneys.
Limited jurisdiction: The ability of a court to hear only certain types of cases.
Local court: A court established and funded by a local government
Local government: The government that makes and enforces laws for a county, city, town, or municipality.
Local offense: A violation of the laws or ordinances of a local government.
Loss of liberty: When an individual's freedom, personal autonomy, or rights are taken away often as a result of a criminal conviction.

M

Managed assigned counsel: A coordinated assigned counsel system where a government administrator creates, maintains, and manages a list of private attorneys to provide indigent defense services.
Mental health case: A criminal case in which the defendant's mental health plays a role in the case.
Misdemeanor: A crime, typically punishable by a year or less in prison.
Motion: A request made by a lawyer asking the court to make a decision or judgement on an issue

O

Out-of-custody: Defendant is not detained throughout the course of their criminal case (See In-custody).
Overflow: When an indigent defense provider is assigned more cases than they can ethically and competently handle.
Overhead: The resources an attorney requires before representing an appointed client, such as office rent, furniture, equipment, software, utilities, state licensing and bar dues, and malpractice insurance.
Oversight of indigent defense services: The state's authority and structure to ensure every person receives their constitutional right to counsel.

P

Paralegal: Trained legal professional who provides substantive assistance to attorneys.
Paraprofesional: A licensed, non-lawyer professional who can provide legal representation and assistance in limited matters.
Parity: Equality in funding, resources, and staffing, typically between the prosecuting agency and the indigent defense agency.
Parole violation: A violation of the conditions of parole, often punished with the revocation or extension of parole.
Part-time prosecutor: An attorney who works on behalf of the government to handle criminal cases under reduced-hours.
Part-time public defender: Government-employed attorney who provides legal representation for indigent defendants in criminal cases under reduced-hours.
Partially indigent: A person who cannot afford to pay for a private attorney in full, but who can afford to pay some amount of money for an attorney.
Performance guidelines: Rules that outline the duties of defense attorneys in providing competent representation.
Personal recognizance: Defendant is released from custody pre-trial without needing to pay bail.
Plea: A defendant's answer to a criminal charge brought against them (e.g., not guilty, guilty)
Plea bargaining: Process of the government offering plea deals to a defendant to avoid trial.
Post-adjudication: Any hearing, legal proceeding, or legal action that occurs after a final disposition (See Sentencing and Revocation hearing).
Post-conviction: Optional legal avenues for the defendant to challenge their conviction after their first direct appeal.
Powell v. Alabama: U.S. Supreme Court case guaranteeing the right to counsel for indigent defendants in capital cases.
Prejudice: Conduct that harms or damages an individual's legal rights in a way which negatively affects the outcome of a case.
Preliminary hearing: An evidentiary hearing after the defendant pleads not guilty to determine if there's enough evidence to establish probable cause the defendant committed the crime.
Pretrial conference: A formal pretrial process where the prosecution and defense discuss the status of the case and next steps, such as planning for trial or settling the case.
Pretrial services: A combination of information gathering and supervising newly arrested defendant to minimize pretrial detention.
Primary services: The first provider that takes indigent criminal defense cases (See Secondary services and Tertiary services).
Prison: Facility for long-term imprisonment, typically for defendants convicted of felonies.
Private attorney: A licensed attorney who is hired by an individual to provide legal services.
Pro se representation: A defendant without legal representation and who is representing themselves in court proceedings.
Pro tempore (abbr. “pro tem”): Latin phrase meaning "for the time being;" often used to fill-in when an individual (e.g., judge) is unavailable.
Probable cause: Standard applied by a judicial officer to determine if there is sufficient evidence to proceed with the criminal case against a defendant.
Probation violation: A violation of the conditions of a probation sentence, often punished with a term of incarceration or an extension of probation.
Prosecutor: A government lawyer who brings forth criminal charges against an individual and has the burden of proving guilt beyond a reasonable doubt.
Public defender: Government-employed attorney who provides legal representation for indigent defendants in criminal cases.
Public defender office: A government office that provides criminal defense representation to indigent defendants.

R

Recoupment: A payment requested by the court from an indigent defendant to pay back some or all of the costs of representation; also referred to as reimbursement.
Release conditions: Restrictions placed on defendant if they are released from custody pending trial.
Restitution: Paying money to fix or amend a loss or injury.
Revocation hearing: A hearing to determine whether defendant violated the terms of their sentence.
Right to counsel: The right of a criminal defendant to have the effective assistance of a lawyer for their defense under the U.S. Constitution.
Rothgery v. Gillespie County: U.S. Supreme Court case establishing when the right to counsel is triggered in a criminal case (see Attachment).

S

Secondary services: The second provider that takes indigent criminal defense cases when the primary provider is unavailable due to conflict or overflow (See Primary services, Tertiary services, Conflict and Overflow).
Sentencing: Post-trial phase after the defendant is found guilty and convicted where a jury or judge decides the defendant's penalty.
Sentencing guidelines: Federal and/or state guidelines recommending prison sentences based on the severity of the crime, aggravating factors, and other factors.
Service delivery model: The method of delivery a public defense system uses to provide services (See Public defender office, Assigned counsel, Managed assigned counsel, and contract system).
Sixth Amendment: Constitutional amendment providing criminal defendants with rights, including the right to counsel and a speedy and public trial by an impartial jury.
Social worker: Professional who provides social services assistance for those involved with the criminal justice system.
Specialty court: A "problem-solving court" as an alternative to punitive criminal courts to treat root causes of criminal conduct.
Standards: Guideline principles for systems, attorneys, and providers to follow.
State court: A state established and funded by a state government.
State government: The government that makes and enforces laws for a state.
Strickland v. Washington: U.S. Supreme Court case creating two-part test for ineffective assistance of counsel, placing the burden on defendants to demonstrate prejudicially below "objective standard of reasonableness" representation.
Supervision: The management and guidance of attorney providers by more experienced attorneys, who either have a limited or no caseload.
Support services: Optional interventions to address immediate concerns for newly arrested defendants, such as behavioral health and housing needs, to minimize the need for pretrial detention.
Support staff: Indigent defense provider who is a non-attorney and who supports attorneys with the day-to-day representation of clients.
Suspended sentence: Type of penalty where the judge delays or waives imprisonment if the defendant adheres to specific conditions.

T

Tertiary services: The third provider that takes indigent criminal defense cases when the primary and secondary are unavailable due to conflict or overflow (See Primary services, Secondary services, Conflict and Overflow).
Traffic violation: A violation of traffic law, such as speeding or moving violations.
Trial: A formal hearing in which the respective sides of a dispute present evidence for a judge or jury to decide on a question of fact.

U

Undue hardship: A difficult challenge that would face a defendant if the court were to request a certain action or fee; also known as substantial burden.
United States v. Cronic: U.S. Supreme Court case holding that if certain factors in an indigent defense system are absent, then a court should presume ineffective assistance of counsel.

V

Vertical representation: An indigent defense system structure where the same attorney represents the defendant throughout all stages of proceedings (But see Horizontal representation).

W

Waiver of rights: When a defendant relinquishes rights guaranteed to them by laws and constitutions.
Warrant: A document issued by a judicial officer giving law enforcement permission to arrest or search and seize.
Workload: An attorney's caseload plus all other tasks that the attorney is responsible for, including private cases, cases in other jurisdictions, and professional responsibilities like training.