Legal Glossary

The process of transferring a juvenile case to adult court, where the minor will be tried and sentenced as an adult. This typically occurs in cases involving serious crimes or when the juvenile justice system is deemed inadequate to address the offense.

Claims or assertions made in legal proceedings that have not yet been proven. Allegations in a criminal complaint describe the conduct the defendant is accused of, but the defendant is presumed innocent until these allegations are proven beyond a reasonable doubt at trial.

The highest standard of proof in the legal system, required for criminal convictions. It means the evidence must be so strong that there is no reasonable doubt in the mind of a rational person that the defendant is guilty. This is higher than 'probable cause' or 'preponderance of evidence.'

A sentencing option that allows a juvenile offender to be placed in a juvenile facility while an adult prison sentence is suspended. If the juvenile successfully completes the juvenile disposition, the adult sentence may never be served. Critics argue this can shield dangerous teen drivers from meaningful adult consequences, even in cases involving fatal conduct.

Under Michigan law (MCL 767.3), a process that allows private citizens, through an attorney, to present evidence directly to a judge or magistrate when a prosecutor declines to bring charges. If the judge finds probable cause, criminal charges can be authorized without prosecutor involvement.

Official documents submitted to a court as part of legal proceedings. These include complaints, motions, briefs, and other papers that become part of the public record. Court filings contain allegations and legal arguments but do not represent proven facts.

Conduct that represents a gross deviation from the standard of care that a reasonable person would exercise. In parental accountability cases, this may include knowingly allowing dangerous behavior to continue without intervention when the parent has the ability and duty to act.

The use of punishment or the threat of punishment to discourage criminal behavior. Effective deterrence requires that potential offenders understand the consequences of their actions and believe those consequences will be enforced consistently.

A constitutional guarantee that all legal proceedings will be fair and that individuals will be given notice and an opportunity to be heard before the government can deprive them of life, liberty, or property. This includes the right to a fair trial, legal representation, and the opportunity to present a defense.

Proposed legislation advocated by the Flynn Michael Foundation that would ensure automatic adult prosecution for teens who cause death through extreme reckless driving behaviors such as drag racing, fleeing police, or driving at extreme speeds. The law aims to close blended sentencing loopholes and create meaningful deterrence.

A severe degree of negligence that goes beyond ordinary carelessness. It involves a conscious and voluntary disregard for the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons or property.

A criminal charge for unintentionally causing the death of another person through criminal negligence or during the commission of an unlawful act. Unlike murder, it does not require intent to kill, but does require conduct that shows a disregard for human life.

The outcome or sentence in a juvenile court case. Unlike adult sentencing, juvenile dispositions typically focus on rehabilitation rather than punishment and may include probation, counseling, community service, or placement in a juvenile facility.

The process of changing existing laws or creating new laws to address identified problems or gaps in the legal system. In the context of teen driving safety, this includes efforts to strengthen accountability measures and close loopholes that allow dangerous drivers to avoid meaningful consequences.

The Michigan Compiled Laws section that authorizes citizen-initiated criminal charges. This statute allows private citizens to present evidence to a judge when prosecutors decline to act, providing an alternative path to seek criminal accountability.

Legal responsibility of parents for the actions of their minor children. In the context of teen driving, this refers to potential criminal or civil liability when parents knowingly enable or fail to prevent dangerous driving behavior that results in harm to others.

A fundamental legal principle stating that a person accused of a crime is considered innocent unless and until proven guilty beyond a reasonable doubt in a court of law. This constitutional right applies to all criminal defendants, regardless of how charges were initiated.

A legal standard requiring sufficient facts and circumstances to lead a reasonable person to believe that a crime has been committed. In citizen-initiated charges, a judge must find probable cause before authorizing criminal charges. This is a lower standard than 'beyond a reasonable doubt' required for conviction.

Formal requests made to a court asking for a ruling or order on procedural matters before a case goes to trial. These may address issues such as jurisdiction, appointment of prosecutors, admissibility of evidence, or other preliminary matters that must be resolved before the case can proceed.

Operating a vehicle with willful or wanton disregard for the safety of persons or property. This includes behaviors such as excessive speeding, drag racing, fleeing police, or other dangerous driving conduct that creates a substantial risk of harm.

A constitutional right allowing a defendant to face and cross-examine witnesses who testify against them. This right, guaranteed by the Sixth Amendment, is fundamental to ensuring a fair trial and testing the credibility of evidence.

The constitutional right of a person accused of a crime to be represented by an attorney. If the accused cannot afford an attorney, one must be provided by the government. This right is guaranteed by the Sixth Amendment to the U.S. Constitution.

An attorney appointed to handle a specific case, typically when the regular prosecutor has a conflict of interest, has declined to prosecute, or when special circumstances warrant independent prosecution. In citizen-initiated cases, the question of whether a special prosecutor can be appointed is a key procedural issue.

Legal protections and entitlements afforded to victims of crime, including the right to be informed about case proceedings, the right to be present at hearings, the right to make impact statements, and the right to restitution. These rights vary by state.