Explaination of Basic Legal Terms

Kayla R.
Everyday we hear stories on the news about celebrities and their legal issues. Take Paris Hilton for example: she has been sentenced to forty-five days in jail for violating the conditions of her parole. Other celebrities such as Mike Tyson and Hilton's "Simple Life" co-star Nicole Richie have been arrested for DUI's (driving under the influence) in recent years, and Naomi Campell has been arrested on charges of second degree aggravated assault (ABC News). Yes it seems that no celebrity is above the law these days, but do we really understand the charges these celebrities are accused of? This article offers a brief run down of some commonly used legal terms both in and out of the celebrity world.

Let's start off with a few easy terms everyone may be familiar with:

(1) Guilty: admitting to an alleged criminal act (whether it be a misdemeanor or felony charge) (Lundstein 3).

(2) Not Guilty: denial of an alleged criminal act (whether is be a misdemeanor or felony charge) (Lundstein 3).

(3) Not Guilty by reason of Insanity: denial of a criminal act, "based on an inability to appreciate the criminality of an act or to form criminal intent" (Lundstein 3).

Driving under the influence (DUI) or Driving while intoxicating (DWI) is used to describe a person who is "under the influence of intoxicating liquor or drugs,"(Black 445). Depending on the state a person lives in, there are specific levels of alcohol in the blood that prove intoxication. When a person is arrested for either a DUI or DWI "complete intoxication is not required" the person simply needs to be impaired (Black 445).

Another term you will hear quite frequently is the different levels of assault. There are many levels of assault, two of the most common are simple assault and aggravated assault. The term simple can best be described as: "pure, unmixed, or uncomplicated" (Oran 289). Now apply that definition to the definition of assault, "an intentional threat, show of force, or movement that could reasonably make a person feel in danger of harmful physical contact" (Oran 26). Aggravated assault can be described as: "a criminal assault that is more serious than a simple assault, in some states it means "assault with a deadly weapon" (Oran 16). An example of simple assault would be one person punching another in a part of their body or face. Aggravated assault could be considered when one person pistol whips another in their body or face, the use of a weapon during the assault makes it aggravated.

The above terms and descriptions should help you gain a better understanding of what exactly is going on in many of the celebrity news stories today. As with any legal explanation, you should always do your own research to help you continue with your learning. Please see my articles called, "Know Your Rights During a Traffic Stop" and "Know Your Rights During a Police Search."

ABC News. "Stars Behind Bars: Celebrities Arrested." Accessed: 7 May 2007.

.Black, Henry Campbell M.A., Black's Law Dictionary. 5th Ed. St. Paul, Minnesota. West Publishing Co (1979): 445.

Lundstein, Walter Esq. Legal Terminology. Scranton, PA. Education Direct (2000): 3.

Oran, Daniel. Law Dictionary for Non-lawyers. 4th Ed. Canada. West Legal Studies (2000): 289, 26, 16.

Published by Kayla R.

I am a college graduate with a Bachelors of Science in Legal Studies/Pre-Law with an emphasis on legal procedure, prosecution, and civil rights. I've also studied extensively in the area of Asian culture an...  View profile

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