This year Presidential election seems to be extraordinary for one particular reason. Never in the American history has there been a Presidential candidate who faced so many criminal charges as the prospective Republican candidate, Donald Trump. The former President stands accused of 91 charges across four different court cases, out of which the most serious one is connected with the January 6 riots and efforts to overturn the 2020 election. Therefore, it is not without merit that any student of English, be it General English or Legal English, should learn a few terms to be able to discuss questions related to present day American politics. That is what I would like to focus on in my entry today.

1. Rule of law

The principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced.

2. Attorney

It’s a basic term when talking about American legal system. It refers to lawyers who are qualified to defend or prosecute in court, Defending Attorney and Prosecuting Attorney.

3. Arraignment

An arraignment is the first court hearing in which a judge reads out the charges to a defendant and they can plead guilty or not guilty.

4. Plead

It’s a verb and it means state formally in court if you’re guilty or not guilty of the offense you’re accused of.

5. Hear a case

It’s a court session when the court listens to the evidence and arguments of the prosecution and the defense in a legal case.

6. Misdemeanor

A misdemeanor is a less serious offence, which can lead to less than 12 months prison sentence. However, a fraud, which is usually considered a misdemeanor, can be upgraded to a felony if the accused has lied with the intent to hide or commit another crime.

7. Indictment

An indictment means the same as an accusation. It’s a formal statement of all the charges and the circumstances relevant to the case.

8. Felony counts

A felony is another word for a serious crime punishable by a year or more in prison.

The 34 charges against Trump only in New York entail that he could receive a maximum prison sentence of 136 years according to state law. Although it is highly unlikely that Trump will receive the maximum sentence.

9. Convicted felon

A person who has been convicted by the grand jury of at least one count of the charges. The judge has yet to deliver the official sentence to such a person.

10. Grand jury

There are two kinds of juries in the American legal system: one is a trial jury, which decides whether a person is guilty of a crime while the other is a grand jury, which reaches a verdict on whether to bring criminal charges against a defendant.

A grand jury consists of members of the public – typically between 16 and 23 people. The grand jury can carry out its own investigation and question witnesses but its sessions are secret.

11. Drop charges / let off

When a prosecutor decides not to prosecute a case or release someone without punishment or with a less severe punishment than expected.

12. Appeal

A formal request submitted to a superior court to review and change the verdict of a lower court.

13. Pardon

It is an official act of the President, or in another country, the respective head of state by which all crimes of a person are forgiven and any legal penalties are cancelled. It can be used as a noun, e.g. to win a pardon, to offer a pardon, to demand a pardon; or as a verb as in the phrase: to pardon a murder, to pardon a criminal, to pardon somebody or oneself

14. Defiance and delay

A legal strategy designed to fight against authority or delay legal proceedings for as long as possible.

15. 'Catch and kill’ scheme

The prosecution maintains former President Donald Trump „orchestrated a 'catch and kill’ scheme.”

The term „catch and kill” refers to the practice of buying the rights to a story with no intention of ever publishing it. The purpose is to keep potentially destructive stories or incriminating information about someone hidden from the public. This is often offered as a favour to someone influential.

According to the prosecutors Donald Trump paid three people to keep quiet about affairs – in the so-called „catch and kill” scheme to bury negative information and boost election results.

16. Hush money

Hush money is money paid to a person to prevent them from revealing potentially damaging or embarrassing information. The charges claim that Trump made hush money payments to cover up alleged affairs in three different instances.

Paying hush money is legal, however, the prosecution maintain Trump falsified business records and broke election laws in his efforts to cover up the payments.

17. Evidence tampering

The action of breaking the law by altering, concealing, or destroying evidence that pertains to a legal proceeding.

18. Incite to violence

This is defined as encouraging, provoking, or urging others to commit acts of violence. In legal terms, it refers to speech or actions that are aimed at and likely to lead to a lawless action, like riots or other forms of violence. For this to be considered incitement, it must have both the intent to cause immediate harm and the likelihood that harm will occur.

19. Emolument

Emolument is an archaic word which nowadays is used exclusively in legal contexts. Although the definition is contested, it is widely understood to refer to the gain, profit, or advantage derived from employment or public office.

20. Mishandling of classified documents

The improper or careless handling of documents that are considered sensitive for national security.

21. A partisan prosecution

Legal actions that are believed to be influenced by political bias.

22. – Legal grey area

A situation where the law is unclear, has a possibility of interpretation, or has not been tested in court.

23. Show criminal intent

To prove that someone had the intention to commit a crime.

24. Gag-order

The term gag order or suppression order is used to describe an order issued by a court or government official. It prevents information from becoming public knowledge or being shared with unauthorized third parties. The reason why a court might issue a gag order may vary but in the recent case of Donald Trump the judge decided to prevent the former President from speaking in public about the trial involving the adult-movie star Stormy Daniels.

25. Contempt of court

Contempt of court is defined as any behavior that goes against or defies the authority or dignity of a court. It involves showing a lack of respect for the court, its rules, or its procedures. Lawyers, witnesses, jurors, court officers, and even non-involved individuals, like protesters outside a trial, can face contempt charges when involved in court proceedings.. There are different categories of contempt:

– Criminal Contempt: Courtroom disturbances resulting from being rude or disrespectful during proceedings.

– Civil Contempt: Disregard of court orders, such as not paying child support or violating custody orders.

– Direct Contempt: Taking actions in front of the court that are meant to embarrass or disrespect it.

– Indirect Contempt: Outside the court, actions that mock or impede court proceedings, such as attempting to influence jurors: possible punishment includes fines or imprisonment.

I’m writing this post at a moment when Donald Trump is already a convicted felon awaiting his sentence which should be given on 11th July. Before that he’s going to attend an interview with his probation officer, which is a standard procedure for all felons, where he’ll be asked the same kind of questions as all persons pronounced guilty in a criminal trial. Among other things, this probation hearing is to determine whether the former President is showing any sign of remorse or guilt, and therefore, it could affect his sentence. According to legal experts, it’s unlikely that Donald Trump will receive a maximum sentence or even jail time, as he’s a first time non-violent offender, and in such cases judges are inclined to opt for probation or community service. Whatever the judge’s ruling, the former President won’t face his sentence until he has exhausted all his possibilities of appeal, which means in a few years.

That’s all for now. Let me know in your comments, what you think the most probable sentence for Donald Trump is.

Image by Pixabay

Donald Trump on trial: 25 legal terms you can use to talk about the former President’s legal battles

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