Glossary of Criminal Law

The Criminal Justice Process

Investigation of a Crime
Search Warrant
Interrogation
Arrest
Bail
Case Review
Plea Negotiations
Trial
Complaint, Information, or Indictment
Arraignment
The Verdict
Appeal

Punishment of Crime

Sentencing Guidelines
Plea Bargaining
Probation
Parole

What are the Kinds of Crimes?

Misdemeanors

Felonies

Murder
Manslaughter
Assault
Sexual Assault
Criminal Sexual Contact
Robbery
Larceny
Arson
Burglary

Drug Crimes

Drug Schedules
Punishment
Enhanced Punishment
Professional Drug Dealers

What is Criminal Law?

The criminal law sets the acceptable limits of conduct in society. Everyone is expected to obey the criminal law under penalty of punishment. The criminal law generally does not require you to perform an action; rather it forbids an unlawful action. Each state and the federal government has its own set of criminal laws.

Criminal law consists of the criminal laws themselves and the law of criminal procedure.

The criminal law consists of the legal rules defining criminal conduct and how it is punished.
Criminal procedure mainly consists of the procedures used to prosecute a crime and the rights of the defendant.

What is a Crime?

A crime is a wrong committed by a person against a state or the federal government. Because a wrong is committed against all members of the community, not just the particular victim, the victim does not make the decision to prosecute the accused person. The state or federal government, acting as the people's representative, prosecutes the crime. A crime is punishable by imprisonment, fine, restitution, or other penalty.

Actions that are crimes are also covered by the civil law of torts. A person who is injured by an action constituting a crime may bring a civil lawsuit to obtain damages from the person who committed the criminal act.

The Criminal Justice Process

The criminal justice process varies from state to state, and the federal criminal justice system has its own rules, procedures, and terms to describe the stages of the proceedings. Generally speaking, however, the process involves the following stages.

Investigation

A law enforcement investigation of a crime may begin in many different ways such as:

An officer may observe a speeder on the highway or an erratic driver who may be intoxicated and pull them over, or
A "911" call of shots fired in a neighborhood may cause police to be dispatched to determine the cause.

Search Warrant

If investigating officers believe there is evidence of a crime at a particular location, they may seek a search warrant permitting them to search the premises. A warrant is obtained by submitting evidence to a judge who reviews the information submitted and decides whether there is probable cause to support it. Probable cause means that an officer has presented sufficient facts to support a belief that there is evidence of a crime at the location specified in the warrant. "Exigent circumstances" may constitute an exception to the warrant requirement when evidence may be destroyed or a crime is in the process of being committed.

Interrogation

Law enforcement officers may interrogate witnesses, and even question potential suspects, provided that their constitutional rights are protected

Arrest

Arrests can be made under the following conditions:

If law enforcement officers have probable cause to believe that a crime has been committed and that a specific person has committed the crime, they may arrest the person under suspicion; that is, take them into custody. Officers may need to obtain a warrant before taking a suspect into custody.
If a person commits a felony or misdemeanor crime in the presence of a law enforcement officer, the officer may arrest the person without a warrant.
If an officer has probable cause to believe that a person has committed a felony crime, even if the crime was not committed in the officer’s presence, the officer may arrest the person.

An arrest may be made in a public place, with or without a warrant. But if law enforcement officers wish to arrest a person in a private place, they must first obtain an arrest warrant, unless there are exigent circumstances, such as the possibility that the suspect will flee.

Law enforcement officials have a relatively short period of time following an arrest (24 or 48 hours, depending on the state) during which they must either charge the person with a crime or release them.

Bail

Bail is money or property that an accused person puts forth as security, to assure that they will appear for further criminal proceedings, including the trial and sentencing. Bail may be paid in cash, in the form of a bail bond, or a pledge of property if the court permits this form of security. A bail bond is an agreement with a bail bondsman under which the bondsman puts up bail money in return for a fee.

There is no guaranteed right to a release on bail. If a judge believes that a defendant may flee from the court’ jurisdiction or otherwise fail to appear, or if the crime charged is extremely serious, then bail may be denied or set at such a high figure that a defendant may not realistically be able to post bail.

In much less serious offenses, an individual who is well established in the community with a job, a home, and family to support may be released on relatively low bail. Or, a defendant may be released without bail. This is sometimes referred to as being released in one’s own recognizance, or "R.O.R."

Case Review

This is the formal process where negotiations take place.

Plea Negotiations

At any time after charges have been filed, the defendant’s attorney may begin negotiating with prosecutors to determine whether a plea bargain may be possible. A plea bargain usually involves the defendant pleading guilty to lesser charges than those in the complaint, indictment, or information, or a guilty plea to only one of numerous charges. The plea bargain may also include the prosecutor’s agreement to recommend a particular sentence for the charges to which the defendant agrees to plead guilty.

An attorney considers many factors in determining whether to recommend a plea bargain for their client. These factors include:

The strength of the evidence the prosecutor may present at trial
The potential penalties which the defendant could be subjected to if the case went to trial and a verdict of guilty was obtained

Assessing the strength of the prosecutor’s case may await the result of the discovery process. The prosecutor is required to reveal a wide variety of information to the defendant’s attorney prior to trial. The information that must be revealed and the timeframe in which the information must be provided varies from jurisdiction to jurisdiction. Information which must always be revealed is called "exculpatory information"; that is, information which tends to show that the defendant is not guilty rather than guilty.

If the defendant decides to plead guilty, the plea will be taken in open court, by a judge who advises the defendant of the rights that are being given up in pleading guilty. Depending upon the jurisdiction, the court may also require the defendant to recite a "factual basis for the plea". This means that the court, in order to be assured that the defendant actually committed the offense to which the defendant is pleading, requires the defendant to testify to certain facts concerning the offense.

Trial

If a plea agreement is not reached, the proceedings move toward the trial stage. A trial must be held in a relatively speedy fashion, unless the defendant waives the "speedy trial right" by asking for additional time for the preparation of a defense.

If a defendant is charged with an offense punishable by six or more months of imprisonment, he or she has the right to a public trial by jury. The defendant may choose to waive that right, either by pleading guilty or agreeing to be tried by a judge. A defendant may choose a "bench trial", a proceeding in which the judge performs the fact-finding function of the jury. Circumstances under which a defendant might choose a bench trial rather than a jury trial include:

Cases involving technical legal issues that a jury might not understand sufficiently
or
Cases in which the defendant fears that a jury may be inflamed by the nature of the charges and be unable to judge the evidence in the case objectively

The jury selection process is part of the trial. Both the defendant and the prosecution have the right to challenge potential jurors "for cause"; meaning that they are unable to be objective in hearing testimony and deciding the case. Factors considered when challenging potential jurors include:

Pre-existing knowledge about the case
Whether they have any relationship with the prosecutor or the defendant
Whether they are capable of hearing and understanding the testimony

Both the defendant and the prosecution also have the right to a certain number of "peremptory challenges", depending upon the nature of the charges and the jurisdiction in which the case is being tried, among other things. A peremptory challenge means that the defendant or the prosecutor can require a juror to be removed for no reason whatsoever. Traditionally, peremptory challenges could be used for any reason, but in recent years the federal courts have held that peremptory challenges cannot be used to affect the racial composition of a jury.

At the trial, evidence is presented by the prosecutor in the form of witness testimony, documentary evidence, and "demonstrative evidence".

Documentary evidence includes documents such as books, deeds, wills, letters and the like
Demonstrative evidence includes all kinds of exhibits such as photographs of the victim in the case of a homicide, or the gun used in committing a robbery

The defendant has the right to present witnesses and other evidence in defense of criminal charges. The defendant also has the right to "confront" or cross-examine the witnesses brought forward by the prosecution.

Once the submission of evidence has concluded, the judge charges the jury. This means that the judge gives jurors instruction on the law applicable to the charges. Both the prosecutor and the defense attorney then sum up their arguments to the jury based on the facts presented and the applicable law. The order in which these presentations are accomplished varies from jurisdiction to jurisdiction.

In rare cases, the court may dismiss the charges at the conclusion of the prosecutor’s presentation of evidence. If the court finds that the prosecutor failed to present any evidence to support any of the elements of the offense, or did not present sufficient evidence to support a verdict of guilty, the court may enter a verdict of not guilty without submitting the case to jury deliberations.

Complaint, Information, or Indictment

Law enforcement officers may decide to file criminal charges, either before or after arresting a suspect.

Filing written charges, or a complaint, starts the criminal justice process in motion
A prosecutor may also put the criminal justice process in motion by filing written charges called an information

In the case of a complaint or an information, filing charges permits law enforcement officers to keep the accused person in custody pending additional proceedings, such as arraignment and the setting of bail.

In the federal criminal justice system and in about half of the states, defendants have the right to indictment by a grand jury. This means that a jury composed of citizens must hear the evidence presented by a prosecutor and decide if there is probable cause to believe that a crime has been committed, and that the person accused committed the crime.
Other states use a procedure called a preliminary hearing, where a judge considers evidence brought forward by the prosecutor to decide whether there is probable cause to support the charges against the accused.

Often, the criminal justice process will start by the filing of a complaint or information, later followed by a grand jury proceeding resulting in an indictment, or a preliminary hearing in states using the preliminary hearing process.

In all of these cases, complaint, information, or indictment, the resulting document is merely an accusation against a person. It is not proof that the person committed the crime or crimes charged.

Arraignment

An arraignment is the formal presentation of charges in open court. This proceeding may be called a preliminary hearing or by some other term particular to a state. During an arraignment, the charges are read to the defendant by a judge, and the defendant is asked to plead guilty or not guilty to the charges. The accused person’s attorney may be present, or an attorney appointed by the court may represent the defendant.

The Verdict

The jurors in a criminal case retire to deliberate in secrecy, for a minute, an hour, for days, or for weeks. When the jury reaches a verdict, their finding is read to the defendant in open court. A jury may find a person guilty of all, some, or none of the crimes charged. In some cases, depending upon the evidence presented and the nature of the instructions given by the court to the jury, a jury may convict a defendant of a lesser offense than that charged in the indictment.

For example, an individual may be charged with second-degree murder, which requires an intent to kill or do serious bodily harm. However, manslaughter is a "lesser included offense" to second-degree murder in many jurisdictions. If the jury finds that the defendant killed the victim, but did so in the heat of passion, the jury may return with a verdict of not guilty to second-degree murder, but find the defendant guilty of manslaughter.

It is the jury’s right and obligation to consider the evidence against a criminal defendant and to decide whether to render a verdict of "guilty" or "not guilty".

If the verdict is guilty, the defendant may have a right to appeal if error has been committed in the process of obtaining a conviction
If the verdict is not guilty, the court or the prosecutors cannot overturn the jury’s verdict

Under the right of "jury nullification", a not guilty verdict cannot be overturned:

Even if the evidence against the defendant is overwhelming
Even if the jury has returned a verdict of not guilty due to sympathy for the defendant
or
Because of a political disagreement with the manner in which the case has been prosecuted and tried

Appeal

A defendant who is found guilty of some or all charges is entitled to an appeal to at least one level of appellate court. Most states have a multi-level appellate system, with a middle level appeals court hearing appeals directly from the trial courts. The highest level appellate court (often, but not always, called the "Supreme Court") hears appeals from the middle level appeals court. Often appeals from the middle level appeals courts to the highest level court are optional, and the defendant is required to petition for the right to appeal.

There are many potential grounds for appeal from a verdict of guilty in a criminal case including legal error committed at any stage of the criminal justice process. Legal error may include:

Allowing inadmissible evidence including evidence obtained in violation of the defendant’s constitutional rights
Lack of sufficient evidence to support a verdict of guilty
or
Mistakes in the judge’s charge to the jury

A verdict may also be appealed due to misconduct on behalf of the jurors.

Punishment of Crime

Crimes are punished according to their seriousness, with higher penalties imposed for more serious crimes.

Punishment may include:

A fine
Term of imprisonment
Imposition of probation or parole
Imposition of requirements for restitution (repayment) to victims
The death penalty

Depending upon the state, the sentencing judge may have the power to impose unusual punishments such as various kinds of community service.

Penalties for crimes vary greatly from state to state and reflect policy decisions made by courts and legislatures. For example, a state with a significant ranching industry may punish cattle theft very seriously, reflecting the importance of the business of cattle production in that state, while another may punish it less severely because it is not of great concern in that state.

Under the Model Penal Code, ranges of sentences are set forth for the degrees of crime recognized under the Code. These sentences include terms of imprisonment, fines, periods of probation, and other penalties.

In fashioning a sentence, courts may take into account the convicted person’’s prior criminal record, age, and other circumstances surrounding the commission of the criminal offense. Sentencing judges may also consider the offender’’s cooperation with law enforcement authorities.

Sentencing Guidelines

In the federal criminal justice system, sentencing is governed by the United States Sentencing Guidelines (USSG). The United States Sentencing Commission, a federal agency, publishes these guidelines. While federal statutes typically impose maximum and minimum punishments, the USSG sets out factors that courts must consider in determining the exact sentence within those maximums and minimums. Under the USSG, persons convicted of crimes are assigned "points" for the presence of certain factors in the commission of those crimes. These factors include:

The amount of loss to victims
Whether a weapon was used in the crime
The age or vulnerability of the victims of the crime

The guidelines also consider the person’s prior criminal history, with repeat offenders receiving more "points" in the guidelines, and thus more severe sentences. The guidelines have significantly limited the discretion of federal judges in imposing sentences, and the ability of federal prosecutors to engage in plea bargaining. A few states have adopted sentencing provisions similar to the federal sentencing guidelines and Delaware is one of those.

Plea Bargaining

Plea bargaining is frequently criticized, but the vast majority of criminal cases are disposed of by plea bargains. A plea bargain is the result of an agreement between the prosecutor and the accused person, under which the accused person agrees to plead guilty to a crime, or crimes, in return for a negotiated sentence. A plea bargain may occur before a trial or even during a trial.

In state criminal justice systems, plea bargains are usually extremely flexible and may result in:

The complete dismissal of all charges
A reduction of sentence from a lengthy term of imprisonment to a small fine
or
An agreement to accept life imprisonment in order to avoid a death penalty prosecution

In the federal criminal justice system, the ability of prosecutors to enter into plea bargains is significantly limited by the United States Sentencing Guidelines.

Probation

Probation is the suspension of a sentence of imprisonment and the imposition of conditions the defendant must meet to satisfy the probation terms.

A defendant is placed on probation where incarceration is unwarranted and not required by law
The conditions of probation insure that the defendant leads a law-abiding life

At the end of the probationary period, the defendant is free of the state’s supervision. Violating probation terms can result in the revocation of probation and the imposition of the original sentence.

Parole

Parole is the conditional release of a prisoner before the expiration of the sentence. Parole is usually granted by a separate state agency, or commission, which considers the applications of prisoners for early release from imprisonment. Typically, parole is granted on certain conditions that must be followed by the paroled offender. Violating these conditions can result in a revocation of parole and reinstatement of the balance of the sentence.

Sex offender registration laws have been enacted in many states. These statutes require convicted sex offenders to register with local police departments so that various individuals and groups within their communities can be warned of their presence in the community. Typically, convicted sex offenders are classified according to a judgment about the likelihood that they will re-offend and the seriousness of their prior conduct. The classification into which the particular offender falls determines which members of the community receive notice of their presence. So far, these statutes have largely survived court challenges based on arguments that they violate the constitutional rights of the offenders and their provisions vary from state to state.

What are the Kinds of Crimes

The distinction between them is based on the crime's seriousness and on the length of punishment.

Misdemeanors

Misdemeanors are crimes generally punishable by less than one year's imprisonment. You have the right to a jury trial when charged with a misdemeanor if the crime is considered serious enough to warrant a jury trial.

Felonies and Serious Crimes

Felonies are crimes generally punishable by more than one year. Under the common law (judge-made law) inherited from England, crimes are divided into two main categories: felonies and misdemeanors. ' You have the right to a jury trial when charged with a felony crime. The common law felonies include murder, rape, robbery, burglary, kidnapping, and treason.

Murder is the intentional killing of a human being. It includes causing serious physical injury leading to the death of a human being. For example, if a person attacks another person with a hammer, intending only to injure rather than kill, the attacker can be prosecuted for murder if the attack results in the victim’s death.

Manslaughter is the killing of a human being, but without the type of intent required for murder. Murder can be reduced to manslaughter if the crime was committed "in the heat of passion", meaning that the person who caused a death was provoked in a manner that the law recognizes as a mitigating factor. The provocation must be sufficiently grave to overcome the person's reason. Generally, malicious words do not count as justifiable provocation. The provocation must cause a reasonable person to lose control. Manslaughter also includes a recklessly caused death.

Assault is the unlawful, intentional infliction of injury on another person. Many state laws distinguish between simple assault, considered a less serious crime, and aggravated assault, a more serious crime involving the use of a dangerous weapon or the intention to inflict serious bodily harm.

Under the common law, there are two types of rape: forcible rape and statutory rape.

Forcible rape is carnal knowledge of a woman against her will
Statutory rape is carnal knowledge of a young girl who is too young to consent.

Sexual assault has replaced the term rape in some states. Sexual assault is further classified as aggravated sexual assault and sexual assault. Aggravated sexual assault requires sexual penetration of the victim under specifically defined circumstances. Sexual assault also requires sexual penetration but the circumstances surrounding the crime involve less culpable behavior than an aggravated sexual assault.

Criminal sexual contact is an intentional touching of the intimate parts of the victim under specifically defined circumstances.

Robbery is the unlawful taking of property in the immediate possession of another person, by force or threat of force. Holding up a convenience store clerk with a gun is a robbery, as is shoving a person to the ground and snatching money out of their hand as they are receiving it from an ATM machine.

Larceny, or theft, is taking property belonging to another person without force or deceit. For example, taking money from a person’s desk drawer while they are out of their office is larceny.

Arson is intentionally damaging or destroying property by means of fire or explosion. Arson can involve one’ own property or someone else’s property.

Burglary is the unlawful entry of a structure with the intent to commit a felony. Under the English common law, burglary was committed only if the structure was a "dwelling place", if the offense took place at night, and there was a "breaking", such kicking open a door. Under current state law and the Model Penal Code, the crime of burglary has been extended, usually to include "unlawful entry" of any fixed structure, vehicle, or vessel, at any time of day or night.

Drug Crimes

Each state and the federal government have laws against the unlawful use, manufacture, and distribution of drugs. The purpose of these laws is to reduce the unlawful consumption of drugs, reduce drug-related crimes, and severely punish repeat offenders and major drug dealers.

Drug Schedules

Federal drug statutes establish schedules of controlled substances, defining and classifying illegal drugs. The Attorney General has the authority to delete, add, or re-schedule substances according to certain criteria. State schedules refer to, or are based upon, federal schedules. Drugs included on these schedules are referred to as "Controlled Dangerous Substances" (CDSs).

Punishment

The seriousness of and ultimate punishment for drug crimes generally depends upon:

The quantity of the drug
Its classification under the schedules
The purpose of its possession

Producing, manufacturing, and selling illegal drugs are the most serious drug crimes and persons convicted may be imprisoned Possession of drugs with the intent to distribute is also a serious crime. The intent to distribute may be inferred from the quantity of the drug, without any evidence of actual distribution.

In most states, possession of drugs for personal use is a serious crime. But in some states, possession of drugs for personal use is punished less severely than distribution crimes. For example, in some states, possession of a small amount of marijuana (less than 50 grams) is decriminalized or treated as a disorderly person's offense. A person convicted of a disorderly person's offense is generally not imprisoned, but may be placed on probation or ordered to pay a fine. However, possession of a larger quantity of marijuana or other drug, even if for personal use, is treated as a serious crime.

Enhanced Punishment

Some states have enhanced penalties for drug crimes. These penalties go into effect if:

Minors are used to distribute the drugs
or
The drugs are delivered or sold to minors
or
The drugs are sold or distributed on school property

Enhanced punishments vary from state to state. Forfeiture of property is also used as an additional punishment to deter drug crimes. For example, if your house is used to make and distribute drugs, the government may be able to seize your house.

Professional Drug Dealers

Special laws cover professional drug dealers. A "drug kingpin", or a person organizing, financing, or managing a business to manufacture, transport, or sell drugs commits a serious crime. Special sentences are reserved for professional drug dealers. The federal government has the death penalty for drug kingpins; some states impose 25 years imprisonment without parole for professional drug dealers.

Traffic Violations

Traffic violations are "quasi-criminal" offenses, not violations of the general criminal law. Traffic violations are a mix of regulatory and penal offenses based on violations of state statutes and municipal ordinances relating to the operation of vehicles.

Punishment

Traffic violations cover a broad range of infractions from violations such as riding a bicycle without a helmet, to major violations such as reckless driving. Punishment is generally limited to payment of fines, compulsory driving school attendance, points levied against your driving license, and suspension or revocation of your driving license. However, repeatedly committing traffic violations within a specific time period may result in increased penalties.

Your Rights

Like crimes, traffic violations must be proved beyond a reasonable doubt. However, unlike crimes, you do not automatically have the right to a jury trial for traffic violations. Some traffic violations are considered petty offenses not covered by the Sixth Amendment right to jury trial. Generally, you do have other constitutional rights, like the Fifth Amendment right to remain silent, when charged with a traffic violation.

Traffic violations constitute probable cause to stop your car, meaning that law enforcement officers have a right under the constitution to stop your car and question you. Many serious criminal cases start when a law enforcement officer stops a car for a moving vehicle violation. Officers have the right to seize evidence of crimes, such as drugs or guns, that are in "plain view". Even if an officer cannot see evidence of crime, they can investigate suspicious activity that may lead to the discovery of wrongdoing.

Driving While Intoxicated

Driving While Intoxicated (DWI) is considered a serious crime in every state. Drinking alcohol or taking drugs may affect your ability to operate cars, boats or industrial equipment in a safe manner. It is against the law in every state to drive under the influence of alcohol or drugs if you cannot safely operate the vehicle. DWI and Driving Under the Influence (DUI) refer to the same crime.

If the police observe you driving erratically or violating traffic laws, they are permitted to stop and question you for a DWI violation. If they suspect that you are intoxicated, they can ask you to submit to various tests, including a blood alcohol test.

Blood Alcohol Content

When you consume alcoholic drinks, alcohol is absorbed into your blood stream. The level of alcohol in your blood, called the Blood Alcohol Content (BAC), can be measured by different tests. In most states, you are presumed to be drunk and unable to operate a vehicle safely if your BAC is .10 or greater. This measurement means that your blood contains ten/one-hundredths percent of alcohol. Currently there are numerous proposals to lower the BAC level defining intoxication to .08.

If the police suspect that you are drunk, they can require you to take a breathalyzer or other test to measure your blood alcohol content. Refusal to take a test normally results in an automatic suspension of your license for a significant period of time, as much as six months or a year, depending upon the state.

You also can be convicted of drunk driving without the results of a blood alcohol test or if your blood alcohol test result is lower than the statutory amount. A conviction can be based on evidence that your breath, conduct, language, and motor movements showed that you were drunk and unable to drive safely.

Punishment

The penalties for drunk driving are serious.

Punishment for first time offenders includes suspension of driving privileges.
Punishment for second and subsequent offenses increases significantly.

A drunk driving conviction also generally results in increased automobile insurance premiums.

Many people charged with drunk driving request a trial to fight the charge. Legal defenses may be raised to defeat the drunk driving charge or reduce the penalties. A lawyer is generally needed to present an effective defense at trial.

The Juvenile Justice Process

In most cases, when a juvenile is accused of a crime, the justice process proceeds differently from the usual criminal justice process. The approach to juvenile crime is that juveniles do not commit crimes; they commit acts of delinquency that require state intervention to correct.

Juvenile courts typically handle cases involving children from ages 10 to 18. However, in cases of extremely serious or violent crimes, such as murder or rape, the prosecutor may choose to try the juvenile as an adult in the ordinary criminal justice process. There is a trend in many states to lower the age at which a juvenile may be tried as an adult and be subject to adult punishment. In some states, the process is reversed and a juvenile accused of a serious crime is automatically charged in adult court, with the judge having the discretion to transfer the case to a juvenile court.

Juvenile Rights

There are important distinctions between the process of trying a case in the juvenile court system as opposed to the adult court system. For example, a juvenile does not have the right to a jury trial in a juvenile court proceeding. However, a juvenile does have other important rights such as:

Appointment of legal counsel
Notice of the charges
The right to a hearing
The right to confront witnesses
The right against self-incrimination

Often, juvenile court proceedings are closed rather than public.

Focus on Rehabilitation

Juvenile court proceedings place emphasis on rehabilitation of the juvenile offender. Judges have wide discretion in fashioning a program of rehabilitation for a juvenile offender. Some states limit the punishment that may be given to a juvenile offender. For example, in some states, the period of incarceration imposed on a juvenile offender, even in the case of a very serious crime, may not extend past the juvenile's 18th birthday. These limitations vary greatly from state to state.

Richard R. Wier, Jr., Civil and Criminal Attorney in Wilmington, Delaware