Terms Used In Indiana Code > Title 35 > Article 38 - Proceedings Following Dismissal, Verdict, or Finding

• Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• claimant: means any of the following individuals filing an application for assistance under this chapter:

  Indiana Code 5-2-6.1-1

• collateral action: means an action or proceeding, including an administrative proceeding, that is factually or legally related to an arrest, a criminal charge, a juvenile delinquency allegation, a conviction, or a juvenile delinquency adjudication. See Indiana Code 35-38-9-0.5
• community corrections program: means a program consisting of residential centers and work release, home detention, or electronic monitoring that is:

  Indiana Code 35-38-2.6-2

• constant supervision: means monitoring a violent offender in accordance with the requirements described in Indiana Code 35-38-2.5-2.3
• contract agency: means an agency or a company that contracts with a community corrections program or a probation department to monitor an offender or alleged offender using a monitoring device. See Indiana Code 35-38-2.5-2.5
• Defense attorney: Represent defendants in criminal matters.
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• division: refers to the victim services division of the Indiana criminal justice institute. See Indiana Code 5-2-6.1-2
• DNA: refers to deoxyribonucleic acid. See Indiana Code 35-38-7-2
• Docket: A log containing brief entries of court proceedings.
• Earliest possible release date: means the date, computed as of the date of sentencing, on which a person would be entitled to discharge or release on parole considering:

  Indiana Code 35-38-3-1

• home: means :

  Indiana Code 35-38-2.5-2

• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• institute: means the Indiana criminal justice institute established by IC 5-2-6. See Indiana Code 5-2-6.1-4
• Juror: A person who is on the jury.
• loss of income: means wages the victim would have earned had the victim not died or been injured, if the victim was employed at the time of the crime. See Indiana Code 5-2-6.1-5.8
• medical record: means written or printed information possessed by a provider (as defined in IC 16-18-2-295) concerning any diagnosis, treatment, or prognosis of the patient, unless otherwise defined. See Indiana Code 1-1-4-5
• monitoring device: means an electronic device that:

  Indiana Code 35-38-2.5-3

• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• offender: has the meaning set forth in IC 11-8-1-9. See Indiana Code 35-38-2.5-4
• offense: means a felony to which a petition under this chapter relates. See Indiana Code 35-38-7-3
• out-of-pocket expense: means :

  Indiana Code 5-2-6.1-5.7

• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Receiving authority: means :

  Indiana Code 35-38-3-1

• recommendation: has the meaning set forth in Indiana Code 35-38-1-9
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• trafficked person: means a person who was the victim of human trafficking (Indiana Code 35-38-10-1
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Verdict: The decision of a petit jury or a judge.
• victim: means an individual who suffers bodily injury or death as a result of a violent crime. See Indiana Code 5-2-6.1-7
• victim: has the meaning set forth in Indiana Code 35-38-1-9
• victim: means an individual who would be entitled under IC 35-40-5-8 to receive information about a release of the petitioner. See Indiana Code 35-38-7-4
• Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
• victim representative: means a person designated by a sentencing court who is:

  Indiana Code 35-38-1-2

• violent crime: means the following:

  Indiana Code 5-2-6.1-8

• violent offender: has the meaning set forth in Indiana Code 35-38-2.5-4.7