4 Legal English Podcast | Episode 093

On the docket today, we discuss Legal English for criminal law and explain the difference between important terms such as suspect, defendant, charge, indictment, arraignment, conviction, acquittal, guilty plea, and verdict. These words are often used in news reports, legal dramas, textbooks, and professional discussions, but they do not mean the same thing. This episode explains how criminal law vocabulary changes at different stages of a case, why a person who has been arrested or charged should not automatically be called a criminal, and how the presumption of innocence affects careful legal communication. We also look at the difference between criminal and civil cases, how charges are formally brought, what happens at arraignment, and why being charged is very different from being convicted. 

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Transcript 

Introduction: Why Criminal Law Terms Matter 

A person might be arrested but never charged. Or a person could be charged but later found not guilty. A person could be convicted but not yet sentenced. And a person accused of a crime should not automatically be called a criminal. 

These words are often used together in news reports, movies, legal dramas, and criminal law discussions, but they do not mean the same thing. In criminal law, using the wrong word is not just a small English mistake. It can change the legal meaning, make you sound careless, and ignore one of the most important principles of criminal law: the presumption of innocence. 

In fact, using the wrong word might lead to a defamation lawsuit or a mistrial in a criminal case. So, on the docket today, we’re looking at legal English for criminal law, especially the difference between words like suspect, defendant, charge, indictment, arraignment, conviction, acquittal, guilty plea, and verdict. 

If you’ve ever wondered whether charge means the same thing as convicted, or whether a suspect is the same thing as a defendant, this episode is for you—whether you practice criminal law or you just enjoy watching criminal law shows. 

Greetings, colleagues, and welcome to the 4 Legal English Podcast, where legal professionals around the world improve their legal English and communicate with more clarity and confidence. 

On the docket today: Legal English for Criminal Law: Suspect, Defendant, Charge, and Conviction. 

The Presumption of Innocence 

These are words that you may hear in the news, in legal dramas, or in case law, textbooks, and professional legal discussions. Words like suspect, defendant, charge, indictment, arraignment, conviction, acquittal, and verdict may sound simple, but in criminal law they have specific legal meanings. Using the wrong word can create a serious misunderstanding. 

This connects to one of the most important principles in criminal law: the presumption of innocence. The presumption of innocence means that a person accused of a crime is considered innocent unless and until the government proves guilt according to law. 

In the United States, the prosecution must usually prove guilt beyond a reasonable doubt. That phrase, beyond a reasonable doubt, means that the evidence must be very strong. It is the highest common standard of proof in American law. A standard of proof is the level of certainty required to prove something in court. 

In criminal cases, the standard is high because the consequences are serious. A person may lose liberty, go to jail or prison, receive a criminal record, lose employment, immigration status, professional licenses, and reputation. So in criminal law, vocabulary must be used carefully. 

Scope of This Episode 

This episode will focus mainly on U.S. criminal law and criminal procedure, but the vocabulary will be useful for lawyers and law students from many legal systems. Why? Because English is often the common language in international legal work, and many criminal law terms from the U.S. system appear in movies, news, law school materials, international discussions, and legal English courses. 

But one warning: every jurisdiction has its own rules. In the United States, criminal law can vary from state to state. There are also federal crimes and state crimes. A federal crime is prosecuted under national law by the federal government. A state crime is prosecuted under the law of a particular state. So, in this episode, we’re learning general legal English meanings, but in real legal work, always check the law of a specific jurisdiction. 

Criminal law is also personal for me. Before I became a law professor and legal English teacher, I served as a police officer with the New York Police Department and later worked as a prosecutor. That experience helped me understand how criminal law words are used in real life—in police reports, courtrooms, plea discussions, witness interviews, and conversations with victims, defendants, judges, and defense lawyers. 

Later, when I taught law and legal English, I saw the same problem many times. International lawyers and law students often understand the general idea, but they sometimes use the wrong term at the wrong stage. For example, they may say, “The criminal was arrested.” But at that stage, the better word would be suspect or the accused. A suspect is a person the police believe may have committed a crime. 

Or they may say, “The defendant was convicted yesterday,” when they really mean the defendant was charged yesterday. Whether someone was convicted or charged is a big distinction. A charge is a formal accusation, but a conviction means the person has been legally found guilty. Of course, these are not the same. 

So in this episode, we’ll slow down and separate these terms carefully. The main lesson is simple: in criminal law, one word can change the legal meaning. 

Crime, Offense, and Criminal Case 

Let’s begin with the word crime. A crime is an act, or sometimes a failure to act, that is prohibited and punished by law. In simple terms, a crime is conduct that the law says is wrong and that the government may punish with incarceration. This is different from a situation where the punishment is only a financial penalty, or fine. 

For example, theft is a crime. Assault is a crime. Fraud is a crime. Murder is a crime. In criminal law, the government is not only solving a private disagreement. The government is saying this conduct is harmful to society, and the state has authority to punish it. 

This is one of the key differences between criminal and civil law. In a civil case, one person or company usually sues another person or company. For example, one business may sue another business for breach of contract. A person injured in an accident may sue for damages. A landlord may sue a tenant. 

In a civil case, the main goal is usually compensation, enforcement of rights, or another legal remedy. A remedy is what the law gives to a person whose rights were violated. 

But in a criminal case, the case is brought by the government. The government may be called the state, the prosecution, or sometimes the people, depending on the jurisdiction. In criminal cases, the possible punishment includes incarceration, meaning time spent in jail or prison. It does not mean that the punishment has to include jail or prison, but it is possible. 

The word prosecute means to bring and conduct a criminal case against someone. The lawyer for the government is called the prosecutor. Prosecutors represent the government, not the victim. The prosecutor’s job is to follow the law, review the evidence, and seek justice. 

In fact, prosecutors are really the only lawyers whose obligation is to seek justice, not just to further their client’s interests, which makes them unique—at least ideally. 

Offense 

Now let’s talk about the word offense. An offense is a formal legal word for a crime or violation of law. In many contexts, crime and offense are similar. But offense often sounds more formal and technical. 

For example: 

• He was charged with a serious offense. 
• The statute defines several criminal offenses. 
• Driving under the influence is a criminal offense. 

A statute is a written law passed by a legislature. In statutes, you may often see language like, “A person commits an offense if...” This means, “A person commits a crime if...” 

So if you are speaking casually, you may say crime. If you are writing more formally, especially in legal analysis, you may use the word offense. 

Criminal Cases and Civil Cases 

Now let’s discuss an important distinction. One event can create both a criminal case and a civil case. 

Imagine a person assaults another person. The government may prosecute the accused person for assault. That is the criminal case. But the injured person may also sue for damages. That is the civil case. The criminal case focuses on guilt and punishment. The civil case focuses on compensation or another civil remedy. 

Often, the civil case will trail behind the criminal case because, as we said, the criminal case has a higher burden, or a higher standard of proof. If prosecutors can prove in the criminal case that a crime was committed, then it may be much easier for the plaintiff to win in the civil case. But just because someone wins or loses in the criminal case does not necessarily mean they will lose or win in the civil case. 

Another point of confusion, especially for international law students or lawyers, is the difference between the verbs sue and prosecute. In legal English, we usually say the plaintiff sues the defendant in a civil case, but the government prosecutes the defendant in a criminal case. 

Review: Crime, Offense, and Criminal Case 

Now let’s summarize: 

• A crime is conduct prohibited and punished by law. 
• An offense is a formal legal word for a crime or violation of law. 
• A criminal case is brought by the government against a person accused of committing a crime. 
• A civil case usually involves one party suing another private party, although the government could bring or defend a civil case. 
• The prosecutor represents the government in a criminal case. 
• The victim is the person harmed. 
• The complainant is the person who reports the crime. 
• The defendant is the person defending against the criminal charge in court—in other words, the accused. 

Be careful: don’t say sue when you mean prosecute. Don’t say plaintiff when you mean prosecutor. Don’t say civil case when you mean criminal case. These are basic words, but basic words often cause serious mistakes. 

Book and Resource Mention 

I hope that you’re enjoying today’s episode. If you are interested in criminal law and criminal procedure, I wrote a book called 4 Legal English Criminal Law Lexicon: Explanations and Exercises to Understand Criminal Law Terms. It includes clear explanations and more than 500 exercises to help you test your comprehension and improve your criminal law vocabulary. 

Before becoming a law professor and legal English teacher, I worked as a prosecutor and served as an NYPD police officer. So criminal law is an area I care about deeply and know well. 

If you want to go deeper after this episode, you can find 4 Legal English Criminal Law Lexicon on Amazon. And for more legal English lessons, episode briefs, vocabulary, blog posts, and courses for international lawyers and law students, visit 4LegalEnglish.com. 

And remember: in criminal law, one word can change the meaning. 

Suspect, Accused, Defendant, and Alleged Offender 

Now let’s talk about the people involved in a criminal case. This is one of the most important areas of criminal law vocabulary, and it is also one of the easiest areas to confuse. 

In ordinary conversation—in other words, in everyday English—people often use words like criminal, suspect, defendant, and offender very loosely. But in legal English, these words are not interchangeable. In criminal law, these words should be used carefully because they describe different legal statuses. 

Suspect 

Let us begin with suspect. A suspect is a person the police believe may have committed a crime. For example, police may investigate a robbery. They may collect evidence, speak to witnesses, and review video footage. Based on that information, they may identify someone as a suspect. 

But this is very important: a suspect has not necessarily been charged, has not been convicted, and might not have committed the crime. The word suspect means that the person is under suspicion. Suspicion means a belief that someone may have done something wrong, but it has not been proven. 

So in careful legal English, we can say: 

• The police identified a suspect. 
• The suspect was questioned by police. 
• The suspect was arrested after the investigation. 

But we should be careful about saying, “The criminal was arrested,” because at that stage, guilt has not been legally proven. This brings us again to the presumption of innocence. A person accused of a crime is considered innocent unless and until the government proves guilt. 

Accused and Alleged 

Now let’s look at the word accused. The word accused means a person who has been blamed or formally accused of committing a crime. We may say: 

• The accused person appeared in court. 
• The accused denied the allegation. 

An allegation is a claim that someone did something wrong. The word alleged is also very important. It means that something is claimed but not yet proven. 

For example: “The defendant allegedly stole the money.” This means that the defendant has been arrested and formally charged, and is accused of stealing the money, but guilt has not yet been legally established. The case is still open. It is still pending in the courtroom. 

The word allegedly is especially useful in legal writing and journalism. It helps avoid stating an accusation as a proven fact. Newspapers and the press often use this word strategically, and it makes sense that they do it that way. 

Compare these two sentences: 

• The defendant stole the money. 
• The defendant allegedly stole the money. 

The first sentence states guilt as fact. The second sentence states an accusation. That difference matters. 

Defendant 

Now let’s move to defendant. A defendant is a person defending against a legal claim or charge in court. In a criminal case, the defendant is a person formally accused by the government. Normally, we can use defendant and accused as synonyms, at least in legal contexts. 

A person usually becomes a defendant when formal legal proceedings begin in court. So, as a simple guide, a suspect is part of the investigation stage. A defendant is part of the court stage. 

Offender and Criminal 

Now let’s talk about offender. An offender is a person who has committed an offense. This word is often used after conviction. It is no longer an accusation. It is no longer alleged. Now it has been proven in court, or perhaps the defendant has pleaded guilty. Now they are an offender. 

Some sentences with this word in action: 

• The offender was sentenced to probation. 
• Repeat offenders may receive more serious penalties. 

A repeat offender is a person who commits crimes more than once, usually after already being convicted. You might hear phrases like first-time offender, juvenile offender, violent offender, or drug offender. 

A first-time offender is someone who has no previous criminal record, or at least no prior similar conviction. A juvenile offender is a young person, usually under 18 years old, although it may vary by state and by the charge, who has committed an offense. 

But if we are at the stage before conviction, be careful. The word offender can suggest the person actually committed the offense. So before guilt is proven, it may be better to say alleged offender, accused person, defendant, or suspect if the person has not been formally arrested and charged. 

Now let’s look at the word criminal. A criminal is a person who has committed a crime. But in professional legal communication, we avoid calling someone a criminal before conviction. Why? Because if the person has only been arrested or charged, guilt has not yet been legally proven. 

So instead of saying, “The criminal was charged yesterday,” we would say: 

• The defendant was charged yesterday. 
• The suspect was arrested yesterday. 
• The accused person appeared in court yesterday. 

These are more careful and more accurate sentences. 

Timeline of Legal Status 

So let’s look at a timeline. First, police might identify a suspect. Then the person may be accused of a crime and arrested. Once formal court proceedings begin, the person is usually called the defendant. If the person is convicted, the person may be called an offender. After conviction, in ordinary English, people will usually call the person a criminal. But as lawyers, we should always be precise. 

Arrest, Charge, Indictment, and Arraignment 

Now let’s look at the early stages of a criminal case. These words are often confused, but they are connected. They do not mean the same thing. 

Arrest 

Let’s begin with arrest. An arrest happens when police take a person into legal custody. Custody means that a person is not free to leave. For example, police may arrest a person if they have legal grounds to believe the person committed a crime. 

In the United States, police generally need probable cause to make an arrest. Probable cause means a reasonable basis to believe that a crime was committed and that this particular person committed it. It does not mean beyond a reasonable doubt; it is a much lower standard. 

After an arrest, the person may be taken to a police station, questioned, fingerprinted, photographed, or held for a certain period of time. This process may be called booking. Booking is the administrative process after arrest where police record information about the person and the alleged offense. 

But remember: an arrest is not a conviction. It is not proof of guilt. A person may be arrested and later released without charges. Most arrests happen without the prosecutor’s consent or knowledge. So it may be that police make an arrest, but the prosecutor’s office does not want to prosecute later down the road. 

Charge 

Now let’s move to charge. A charge is a formal accusation that a person committed a specific crime in court. For example, “The defendant was charged with robbery.” This means the government has formally accused the person of robbery. The prosecutor has not just arrested the person for it; court documents have been filed. 

The verb is also important. To charge someone means to formally accuse that person of a crime. For example: 

• The prosecutor charged the defendant with assault. 
• The defendant was charged with fraud. 

A charge is more formal than suspicion. Police may suspect someone, and they may suspect five people, but the prosecutor usually decides whether to bring criminal charges. The exact process depends on the jurisdiction. 

When I was a prosecutor, I almost always did not hear about the arrest until the next day. Sometimes, if it was a big case, I might get consulted beforehand and work with the detectives. But most of the time, I did not find out about it until after the arrest. 

In the United States, the federal system is very different from the states. In the federal system, law enforcement will usually work with prosecutors, and they will develop cases together. But in the state system, it is often pretty separated. When I was in a prosecutor’s office, I might deal with three, four, five, or more different law enforcement agencies. I probably dealt with two or three of them most of the time, but there might be one or two or three other agencies that I dealt with as well. 

Charging Documents 

In many cases, charges begin with a criminal complaint. A criminal complaint is a formal legal document that accuses a person of a crime and gives basic facts supporting the accusation. In other cases, the accusation may be made through an information. An information is a formal charging document filed by a prosecutor. 

In some serious cases, especially in federal criminal practice, charges may be brought by indictment. An indictment is a formal accusation issued by a grand jury. A grand jury is a group of citizens that decides whether there is enough evidence to formally charge someone with a crime. 

A grand jury does not decide guilt. This is very important. The grand jury does not decide whether the defendant is guilty beyond a reasonable doubt. Instead, the grand jury decides whether there is enough evidence to accuse the person and allow the case to move forward to trial. 

The federal system uses grand juries, and some states, like New York State, use grand juries. So an indictment is a formal accusation. It is not a conviction. 

Arraignment 

Now let’s talk about arraignment. An arraignment is an early court appearance in a criminal case. At arraignment, the defendant is usually informed of the charges. The defendant will get a copy of the charging document, and the court may ask the defendant to enter a plea. 

A plea is the defendant’s formal response to the charge. The most common pleas are guilty and not guilty. If the defendant pleads guilty, the defendant admits guilt, and the case moves to sentencing. If the defendant pleads not guilty, the case usually continues toward later proceedings, such as motions, plea negotiations, hearings, and eventually trial. 

At arraignment, the court may also consider bail or release conditions, if that has not been addressed before. Often, that is addressed within the first 24 to 48 hours after the arrest, so it might happen at a much earlier hearing than the formal arraignment. 

Review: Arrest Through Plea 

So let’s review some of this vocabulary: 

• Arrest is when someone is taken into police custody. 
• Charge is a formal accusation. 
• An indictment is a formal accusation issued by a grand jury. 
• Arraignment is an early court appearance where the defendant hears the charges and enters a plea: guilty or not guilty. 

Let’s use these words in a short example: 

Police arrested Mr. Lee after the investigation. The prosecutor later charged him with burglary. A grand jury indicted him on two felony counts. At arraignment, Mr. Lee pleaded not guilty. 

That sentence gives us a basic timeline: arrest, charge, indictment if necessary, arraignment, and plea. 

Counts 

Let’s also explain the word count. In criminal law, a count is one specific charge in a charging document. For example, “The defendant was charged with three counts of fraud.” This means the charging document includes three separate fraud charges. 

A defendant may face one count or many counts. So if a news report says, “She faces five counts of wire fraud,” that means she faces five separate wire fraud charges—in other words, five different incidents. Maybe she defrauded, or is at least accused of defrauding, five different people. Or it could be one person, but five different times, on five different events or occasions. 

When defendants are formally charged with five counts, later down the road they could have a plea negotiation where one or more of the counts disappear. They might plead guilty to three counts and two counts are dropped. Or maybe the case goes to trial. Maybe the jury finds the defendant guilty on all five counts, or guilty on one count and not guilty on the other four counts, or any other combination. 

As professionals, we want to use these terms carefully. It is important that we understand this vocabulary and understand the criminal law procedure. 

Conviction, Acquittal, Guilty Plea, and Verdict 

Now we move on to one of the most important distinctions in criminal legal English. Being charged is not the same as being convicted. 

A person who is charged has been formally accused. A person who is convicted has been legally found guilty. They are very different. 

A conviction means that a person has been legally found guilty of a crime, maybe by a judge or by a jury. A conviction may happen in two common ways. First, the defendant may be convicted after trial. Second, the defendant may be convicted after pleading guilty. 

Trial and Verdict 

Let’s begin with the trial. At a criminal trial, the prosecution presents evidence. The defense may challenge the evidence, cross-examine witnesses, and present its own arguments. 

The prosecution has a burden of proof. The burden of proof means the responsibility to prove something in court. In a U.S. criminal case, the prosecution must usually prove guilt beyond a reasonable doubt, which is a very high burden. The defendant does not have to prove innocence. This is part of the presumption of innocence. 

At the end of the trial, the judge or jury gives a verdict. A verdict is a formal decision in a trial. In a jury trial, the jury gives the verdict. In a bench trial, the judge gives the verdict. A bench trial is a trial without a jury where the judge decides the facts and the law. 

The verdict may be guilty or not guilty, and this has to be answered for each count. If the verdict is guilty, the defendant is convicted. If the verdict is not guilty, the defendant is acquitted. 

An acquittal means a formal finding of not guilty. To acquit means to find a defendant not guilty. For example: 

• The jury acquitted the defendant. 
• The defendant was acquitted of all charges. 

Now, one important point: not guilty does not always mean the court found the person factually innocent. In many cases, it means the prosecution did not prove guilt beyond a reasonable doubt. This distinction matters. Not guilty is not the same thing as innocent. 

A criminal trial asks: did the prosecution prove the charge beyond a reasonable doubt? If the answer is no, the correct verdict is not guilty. 

Guilty Plea 

Now let’s discuss guilty plea. A guilty plea is when the defendant formally admits guilt in court. To plead guilty means to admit guilt to the criminal charge. For example, “The defendant pleaded guilty to one count of fraud.” This means the defendant admitted guilt to that charge. 

In the United States, many criminal cases end in guilty pleas rather than trials. Sometimes this happens after a plea bargain. A plea bargain is an agreement between the prosecution and the defense. The defendant may agree to plead guilty, and the prosecution may agree to reduce charges, recommend a lighter sentence, or dismiss other counts. 

The exact rules and practices vary by jurisdiction. Sometimes the judge has to accept the plea bargain. Sometimes the judge takes it under advisement but can basically decide what to do. Or there may be some variation. The exact statutes and rules of criminal procedure will determine that, and each jurisdiction is a little different. 

So don’t confuse these phrases: 

• He pleaded guilty. 
• He was found guilty. 
• He was convicted. 

They are related, but not exactly the same. 

• He pleaded guilty means he admitted guilt in court. 
• He was found guilty usually means a judge or jury decided he was guilty after trial. 
• He was convicted is the broader result: he has been legally found guilty, either by guilty plea or trial verdict. 

Conviction, Charge, Acquittal, and Dismissal 

Now let’s compare conviction and charge. A charge is only an accusation, a formal accusation. A conviction is a legal finding of guilt. 

So these sentences are different: 

• The defendant was charged with robbery. 
• The defendant was convicted of robbery. 

The first means that the prosecutor accused him. The second means guilt was legally established. This is not a minor difference. It is a major legal difference. 

Let us compare acquittal and dismissal. An acquittal usually happens after trial when the defendant is found not guilty. A dismissal means the case or charge is ended before a final verdict, often because of a legal problem, lack of evidence, prosecutorial decision, or procedural issue. 

For example: 

• The judge dismissed the charge. 
• The prosecution dismissed the case. 

A dismissal is not the same as an acquittal. Both may end the criminal case, but they happen in different ways. 

Review: Trial Outcomes 

So let’s summarize the key terms: 

• A charge is a formal accusation. 
• A guilty plea is the defendant’s formal admission of guilt. 
• A verdict is the decision at trial. 
• A conviction means the defendant has been legally found guilty. 
• An acquittal means the defendant has been found not guilty. 
• A dismissal means the charge or case has been ended before a final verdict. 
• Beyond a reasonable doubt is the high standard of proof the prosecution must usually meet in a criminal case. 

Conclusion 

So let’s bring everything together. In this episode, we discussed legal English for criminal law, focusing on terms that international lawyers and law students often confuse. 

The key lesson is simple: criminal law terms must be used at the correct stage of the process. 

To review the terms that we talked about, go to the episode brief for today’s episode. You can go to 4LegalEnglish.com/podcast and look for this episode. Also check out the website. You’ll find articles and courses. 

If you enjoyed the episode, follow the show and share it with a colleague. 

Remember, this episode is for educational purposes only and does not provide legal advice. 

Thank you for listening to the 4 Legal English Podcast. 

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