Terms Used In Indiana Code > Title 5 > Article 2 > Chapter 6.1 - Compensation for Victims of Violent Crimes

• 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."
   
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• Autism: means a neurological condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. See Indiana Code 1-1-4-5
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Bench trial: Trial without a jury in which a judge decides the facts.
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
• child pornography: includes :

  Indiana Code 35-36-10-2

• 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

• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• confidential communication: means any information:

  Indiana Code 35-37-6-1

• confidential information: includes :

  Indiana Code 35-37-6-1.5

• constant supervision: means monitoring a violent offender in accordance with the requirements described in Indiana Code 35-38-2.5-2.3
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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.
• 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.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• fund: refers to the violent crime victims compensation fund established by section 40 of this chapter. See Indiana Code 5-2-6.1-3
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• home: means :

  Indiana Code 35-38-2.5-2

• identity theft: means :

  Indiana Code 35-40-14-1

• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• 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.
• individual with an intellectual disability: means an individual who, before becoming twenty-two (22) years of age, manifests:

  Indiana Code 35-36-9-2

• Insanity: refers to the defense set out in IC 35-41-3-6. See Indiana Code 35-36-1-1
• institute: means the Indiana criminal justice institute established by IC 5-2-6. See Indiana Code 5-2-6.1-4
• intoxicated: has the meaning set forth in IC 9-13-2-86. See Indiana Code 5-2-6.1-5
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Juror: A person who is on the jury.
• laboratory report: means a written report or affidavit relating to the results of a scientific test that is prepared for use at trial or to assist in a law enforcement investigation. See Indiana Code 35-36-11-1
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Mentally ill: means having a psychiatric disorder which substantially disturbs a person's thinking, feeling, or behavior and impairs the person's ability to function. See Indiana Code 35-36-1-1
• Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5
• minor: means a person less than eighteen (18) years of age. 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
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• motor vehicle: has the meaning set forth in IC 9-13-2-105. See Indiana Code 5-2-6.1-5.5
• Oath: A promise to tell the truth.
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• Omnibus date: refers to the omnibus date established under IC 35-36-8-1. See Indiana Code 35-36-1-1
• out-of-pocket expense: means :

  Indiana Code 5-2-6.1-5.7

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• personally identifying information: means information that identifies a victim or the location where domestic violence, dating violence, sexual assault, or stalking occurred, including the victim's:

  Indiana Code 35-37-6-2.5

• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• 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.
• polygraph: means a device that permanently and simultaneously records, at a minimum, an individual's:

  Indiana Code 35-37-4.5-1

• Population: has the meaning set forth in Indiana Code 1-1-4-5
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• 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}
• Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Quorum: The number of legislators that must be present to do business.
• Recess: A temporary interruption of the legislative business.
• recommendation: has the meaning set forth in Indiana Code 35-38-1-9
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Service of process: The service of writs or summonses to the appropriate party.
• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• State: includes any territory of the United States and the District of Columbia. See Indiana Code 35-37-5-1
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• student advocate office: means a student services office, victim assistance office, or other victim counselor as designated by a state educational institution or an approved postsecondary educational institution. See Indiana Code 35-37-6-2.7
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena: includes a summons in any state where a summons is used in lieu of a subpoena. See Indiana Code 35-37-5-1
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Target: means a person who has been charged by information for an offense the grand jury is investigating, or who is a subject of the grand jury investigation. See Indiana Code 35-34-2-1
• terrorist act: means an act that:

  Indiana Code 5-2-6.1-6.7

• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• unit: refers to the identity theft unit established under IC 4-6-13-2. See Indiana Code 35-40-14-2
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• 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: means :

  Indiana Code 35-37-6-3

• 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 advocate: work with prosecutors and assist the victims of a crime.
• victim advocate: means an individual employed or appointed by or who volunteers for:

  Indiana Code 35-37-6-3.5

• 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 of a child sex crime: means an individual who was the victim of:

  Indiana Code 5-2-6.1-7.5

• victim representative: means a person designated by a sentencing court who is:

  Indiana Code 35-38-1-2

• victim service provider: means a person:

  Indiana Code 35-37-6-5

• 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
• Witness: shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Indiana Code 35-37-5-1
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5