§ 38.01 Texas Forensic Science Commission
§ 38.02 Effect Under Public Information Law of Release of Certain Information
§ 38.03 Presumption of Innocence
§ 38.04 Jury Are Judges of Facts
§ 38.05 Judge Shall Not Discuss Evidence
§ 38.07 Testimony in Corroboration of Victim of Sexual Offense
§ 38.071 Testimony of Child Who Is Victim of Offense
§ 38.072 Hearsay Statement of Certain Abuse Victims
§ 38.073 Testimony of Inmate Witnesses
§ 38.074 Testimony of Child in Prosecution of Offense
§ 38.075 Corroboration of Certain Testimony Required
§ 38.076 Testimony of Forensic Analyst by Video Teleconference
§ 38.08 Defendant May Testify
§ 38.10 Exceptions to the Spousal Adverse Testimony Privilege
§ 38.101 Communications by Drug Abusers
§ 38.11 Journalist’s Qualified Testimonial Privilege in Criminal Proceedings
§ 38.111 News Media Recordings
§ 38.12 Religious Opinion
§ 38.14 Testimony of Accomplice
§ 38.141 Testimony of Undercover Peace Officer or Special Investigator
§ 38.15 Two Witnesses in Treason
§ 38.16 Evidence in Treason
§ 38.17 Two Witnesses Required
§ 38.18 Perjury and Aggravated Perjury
§ 38.19 Intent to Defraud: Certain Offenses
§ 38.20 Photograph and Live Lineup Identification Procedures
§ 38.21 Statement
§ 38.22 When Statements May Be Used
§ 38.23 Evidence Not to Be Used
§ 38.24 Statements Obtained by Investigative Hypnosis
§ 38.25 Written Part of Instrument Controls
§ 38.27 Evidence of Handwriting
§ 38.30 Interpreter
§ 38.31 Interpreters for Deaf Persons
§ 38.32 Presumption of Death
§ 38.33 Preservation and Use of Evidence of Certain Misdemeanor Convictions
§ 38.34 Photographic Evidence in Theft Cases
§ 38.35 Forensic Analysis of Evidence; Admissibility
§ 38.36 Evidence in Prosecutions for Murder
§ 38.37 Evidence of Extraneous Offenses or Acts
§ 38.371 Evidence in Prosecution of Offense Committed Against Member of Defendant’s Family or Household or Person in Dating Relationship With Defendant
§ 38.38 Evidence Relating to Retaining Attorney
§ 38.39 Evidence in an Aggregation Prosecution With Numerous Victims
§ 38.40 Evidence of Pregnancy
§ 38.41 Certificate of Analysis
§ 38.42 Chain of Custody Affidavit
§ 38.43 Evidence Containing Biological Material
§ 38.435 Prohibited Use of Evidence From Forensic Medical Examination Performed On Victim of Sexual Assault
§ 38.44 Admissibility of Electronically Preserved Document
§ 38.45 Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor
§ 38.451 Evidence Depicting Invasive Visual Recording of Child
§ 38.46 Evidence in Prosecutions for Stalking
§ 38.47 Evidence in Aggregation Prosecution for Fraud or Theft Committed With Respect to Numerous Medicaid or Medicare Recipients
§ 38.471 Evidence in Prosecution for Exploitation of Child, Elderly Individual, or Disabled Individual
§ 38.48 Evidence in Prosecution for Tampering With Witness or Prospective Witness Involving Family Violence
§ 38.49 Forfeiture by Wrongdoing
§ 38.50 Retention and Preservation of Toxicological Evidence of Certain Intoxication Offenses
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Terms Used In Texas Code of Criminal Procedure Chapter 38 - Evidence in Criminal Actions

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
  • 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.
  • 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.
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • 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.
  • 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.
  • Capital offense: A crime punishable by death.
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
  • Conviction: A judgement of guilt against a criminal defendant.
  • Decedent: A deceased person.
  • 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.
  • 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.
  • Docket: A log containing brief entries of court proceedings.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • 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.
  • 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.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Juror: A person who is on the jury.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Month: means a calendar month. See Texas Government Code 312.011
  • Oath: includes affirmation. See Texas Government Code 311.005
  • Oath: A promise to tell the truth.
  • Personal property: All property that is not real property.
  • 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.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • 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.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Recess: A temporary interruption of the legislative business.
  • 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).
  • 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.
  • Succeeding: means immediately following. See Texas Government Code 312.011
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
  • Week: means seven consecutive days. See Texas Government Code 311.005
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.