Parole: the conditional release of a convicted offender from a confinement facility before the end of his sentence with requirements for the offender’s behavior set and supervised by a parole agency.
Penitentiary: a state or federal prison.
Perjury: deliberate false testimony under oath involving a material fact.
Perpetrator: a person who actually commits a crime.
Personal recognizance: the promise of an accused person to the court that he will return to court when ordered to do so; given in exchange for release before and during his trial.
Petition: a document filed in juvenile court alleging that a juvenile should come under the jurisdiction of the juvenile court for some offense or asking that the juvenile be transferred to criminal court for prosecution as an adult.
Plea: a defendant’s formal answer in court to the charge that he has committed a crime. Some possible pleas include: guilty, not guilty, no contest, or not guilty by reason of insanity.
Plea bargain (agreement): a plea agreed to by a defendant and the prosecutor; a negotiated plea that may set out exact terms relating to punishment and disposition of a case.
Pre-sentence investigation (PSI): report compiled by the Probation Department after plea and before sentencing to make sentencing recommendations to the judge.
Probation: conditional freedom granted to an offender by the court after conviction or guilty plea with requirements for the offender’s behavior set and supervised by the court.
Probation hearing: a hearing before a judge to review the performance of a defendant while on probation. Hearings are not generally held unless a probationer has violated some term of their probationary sentence.
Prosecutor: an attorney for the community elected by the voters of a district to represent the interests of the general public, including crime victims, in court proceedings against people accused of committing crimes. Some jurisdictions use other terms for the prosecutor, such as U.S. Attorney (a federal prosecutor), district attorney, or state’s attorney.
Public defender: an attorney employed by a government agency to represent defendants who are unable to hire private counsel.
Remand: to send back to a lower court. Typically refers to a situation where a Defendant in Superior Court asks to return a misdemeanor conviction to District Court for compliance with the judgment of that court.
Restitution: State law allows the prosecutor to request restitution (repayment for the victim’s losses) as part of the sentence of any defendant who is found guilty of a crime. Reimbursable losses include out-of-pocket expenses (such as repair costs, medical bills, and stolen property) which have not previously been covered.
Retainer: the fee a defendant pays for an attorney to represent him.
Rights of the defendant: the powers and privileges which are constitutionally guaranteed to any person arrested and accused of committing a crime including: the right to remain silent; the right to an attorney at all stages of the proceedings; the right to a court-appointed attorney if the defendant does not have the financial means to hire her/his own counsel; the right to release on reasonable bail; the right to a speedy public trial before a jury or judge; the right to the process of the court to subpoena and produce witnesses; the right to see, hear and question the witnesses during the trial; and the right not to incriminate himself/herself.
Rule 24 hearing: a hearing before a judge in first degree murder cases. The purpose is to determine whether the State will be seeking the death penalty in the case.
SAVAN: The Statewide Automated Victim Assistance & Notification system. SAVAN is a free, anonymous, computer-based telephone program that provides victims of crime two important services: court information and information from the jail and the department of correction about defendants being held in custody. Victims should contact the DA’s office for information on this important service.
Search warrant: an order in writing, issued by a judge or magistrate, in the name of the state, directed to a sheriff, or other officer, commanding him to search a specific house, shop, or other premises, for specific property related to a crime.
Second Setting: the second court hearing during the Criminal Docket Management process.
Statute: an act of the legislature declaring, commanding, or prohibiting something. A law.
Subpoena: a court paper requesting the appearance of a witness or documents to be present at a court proceeding.
Summons: a citation requiring a defendant to appear in court to answer a suit to which has been brought against him.
Superior court: where most felony cases are heard concerning violation of state statutes.
Supreme court: a court of higher powers and extensive jurisdiction; our state has supreme court and the United States has a Supreme Court.
Suspect: a person who is believed by criminal justice officials to be one who may have committed a specific crime, but who has not been arrested or formally charged. Once arrested a suspect is called a defendant.
Testimony: statements made in court by people who have sworn or affirmed to tell the truth.
Transcript: In court it is a verbatim writing of what was said in court during a trial, or a paper writing setting out terms of a plea taken from a defendant. Also a copy of an original writing or deed.
Trial: an examination of issues of fact and law before a judge and sometimes a jury at which evidence is presented to determine whether or not the accused person is guilty of committing a specific crime.
Traffic Court: an administrative court that hears only traffic matters, usually uncontested.
U.S. Attorney: a federal prosecutor.
Venue: a neighborhood, place, or county in which an injury or crime was done; or where a hearing/trial is held.
Verdict: the decision of a judge or jury at the end of a trial that the accused defendant is either guilty or not guilty.
Victim Compensation Program: a program of the state designed to provide compensation to victims of certain crimes for their damages and expenses. Initial application for funds is generally made through the office of the District Attorney through the use victim impact statements.
Victim Impact Statement: a form provided to allow victims of crime to provide the court with their comments about the impact the crime had on them.
Victim Witness Assistant: Employees of the District Attorney's Office that are assigned to provide information and assistance to the victims of crime. They act as liaison between the victim and the Assistant District Attorney assigned to a case.
Waiver: the intentional or voluntary relinquishment of a known right.
Warrant: see arrest warrant and bench warrant.
Watson Hearing: a procedure in death penalty cases where the defense attempts to require the state specific what aggravating factors it will use in seeking a death sentence.
Witness: a person who has directly seen an event, such as a crime or who has other knowledge that is related to a court case; or some thing, such as a piece of physical evidence.
Writ of execution: a writ to put in force the judgment of decree of a court.
*The above terms and definitions are provided for informational purposes only and are not intended for legal use or direction.
