Terms Used In Utah Code > Title 77 > Chapter 11c > Part 4 - Preservation of Biological Evidence for Violent Felony Offenses

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Biological evidence: includes :
            (6)(b)(i) material that is catalogued separately, including:

                 (6)(b)(i)(A) on a slide or swab; or

                 (6)(b)(i)(B) inside a test tube, if the evidentiary sample that previously was inside the test tube has been consumed by testing;
            (6)(b)(ii) material that is present on other evidence, including clothing, a ligature, bedding, a drinking cup, a cigarette, or a weapon, from which a DNA profile may be obtained;
            (6)(b)(iii) the contents of a sexual assault kit; and
            (6)(b)(iv) for a violent felony offense, material described in this Subsection (6) that is in the custody of an evidence collecting or retaining entity on May 4, 2022. See Utah Code 77-11c-101
• Continuous chain of custody: means :
       (9)(a) for a law enforcement agency or a court, that legal standards regarding a continuous chain of custody are maintained; and
       (9)(b) for an entity that is not a law enforcement agency or a court, that the entity maintains a record in accordance with legal standards required of the entity. See Utah Code 77-11c-101
• Conviction: A judgement of guilt against a criminal defendant.
• Court: means a municipal, county, or state court. See Utah Code 77-11c-101
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• DNA: means deoxyribonucleic acid. See Utah Code 77-11c-101
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Evidence: means property, contraband, or an item or substance that:
       (16)(a) is seized or collected as part of an investigation or prosecution of an offense; and
       (16)(b) may reasonably be used to incriminate or exculpate an individual for an offense. See Utah Code 77-11c-101
• Evidence collecting or retaining entity: includes :
            (17)(b)(i) a medical or forensic entity;
            (17)(b)(ii) a law enforcement agency;
            (17)(b)(iii) a court; and
            (17)(b)(iv) an official, employee, or agent of an entity or agency described in this Subsection (17). See Utah Code 77-11c-101
• Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
• In custody: means an individual who:
       (19)(a) is incarcerated, civilly committed, on parole, or on probation; or
       (19)(b) is required to register under Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry. See Utah Code 77-11c-101
• Law enforcement agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Physical evidence: includes evidence that:
       (22)(a) is related to:

            (22)(a)(i) an investigation;

            (22)(a)(ii) an arrest; or

            (22)(a)(iii) a prosecution that resulted in a judgment of conviction; and
       (22)(b) is in the actual or constructive possession of a law enforcement agency or a court or an agent of a law enforcement agency or a court. See Utah Code 77-11c-101
• Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Sexual assault kit: means the same as that term is defined in Section 53-10-902. See Utah Code 77-11c-101
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Victim: means the same as that term is defined in Section 53-10-902. See Utah Code 77-11c-101
• Violent felony offense: means the same as the term "violent felony" is defined in Section Utah Code 77-11c-101