Terms Used In Utah Code > Title 39A > Chapter 5 > Part 2 - Military Courts

• Accuser: means an individual who:
       (1)(a) signs and swears to charges;
       (1)(b) directs that charges nominally be signed and sworn to by another; or
       (1)(c) any other individual who has an interest other than an official interest in the prosecution of the accused. See Utah Code 39A-5-102
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Airport: means the same as that term is defined in Section 72-10-102. See Utah Code 77-23d-102
• 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.
• Anonymized: means that the identifying information connected to an electronic device has been rendered anonymous in a manner such that the subject, including an individual, household, device, or Internet protocol address, is not identifiable to a law enforcement agency. See Utah Code 77-23f-101
• 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.
• Appearance: means any opportunity to address the board, a board member, a panel, or hearing officer, including an interview. See Utah Code 77-27-1
• 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.
• Authorized property: means :
       (2)(a) a building or part of a building owned or leased by a law enforcement agency or a correctional facility;
       (2)(b) critical infrastructure if owned or operated by a government entity;
       (2)(c) an elementary or secondary public or charter school;
       (2)(d) a courthouse; or
       (2)(e) an airport. See Utah Code 77-23d-102
• Biometric surveillance information: means the analysis of surveillance information using biometric software to identify an individual's identity or location using the individual's physical attributes or manner. See Utah Code 77-23d-102
• Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
• Case action plan: includes the criminal risk factors as determined by a risk and needs assessment conducted by the department. See Utah Code 77-27-1
• Cell site: means transmission or reception equipment, including a base-station antenna, that connects an electronic device to a network. See Utah Code 77-23f-101
• Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-27-1
• Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
• Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
• 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.
• Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
• Criminal risk factors: means a person's characteristics and behaviors that:
       (7)(a) affect that person's risk of engaging in criminal behavior; and
       (7)(b) are diminished when addressed by effective treatment, supervision, and other support resources resulting in reduced risk of criminal behavior. See Utah Code 77-27-1
• Critical infrastructure: means the same as that term is defined in Section Utah Code 77-23d-102
• Cross examine: Questioning of a witness by the attorney for the other side.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deliberative process: includes the votes, mental processes, written notes, and recommendations of individual board members and staff. See Utah Code 77-27-1
• Department: means the Department of Public Safety, created in Section 53-1-103. See Utah Code 77-23e-102
• Department: means the Department of Corrections. See Utah Code 77-27-1
• 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:
• Electronic communication service: means a service that provides to users of the service the ability to send or receive wire or electronic communications. See Utah Code 77-23c-101.2
• Electronic device: means a device that enables access to or use of a location information service or can otherwise create or provide location information. See Utah Code 77-23f-101
• Electronic information: includes the location information, stored data, or transmitted data of an electronic device. See Utah Code 77-23c-101.2
• Enlisted member: means an individual in an enlisted grade. See Utah Code 39A-5-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Expiration: means when the maximum sentence has run. See Utah Code 77-27-1
• Facial biometric data: means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image. See Utah Code 77-23e-102
• Facial recognition comparison: means the process of comparing an image or facial biometric data to an image database. See Utah Code 77-23e-102
• Facial recognition system: means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare biometric data of the face of the unknown individual to facial biometric data of known individuals. See Utah Code 77-23e-102
• Family: means any individual related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian. See Utah Code 77-27-1
• 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.
• Fraud: Intentional deception resulting in injury to another.
• full hearing: means an appearance before the board, a panel, a board member or hearing examiner, at which an offender or inmate is afforded an opportunity to be present and address the board. See Utah Code 77-27-1
• Geofence: means a specified geographic area defined by a virtual perimeter or geographic coordinates. See Utah Code 77-23f-101
• Government entity: includes a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or an individual acting or purporting to act for or on behalf of a state or local agency. See Utah Code 77-23d-102
• Government entity: includes :
            (5)(b)(i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity described in Subsection (5)(a) that is funded or established by the government to carry out the public's business; or
            (5)(b)(ii) an individual acting as an agent of a government entity or acting on behalf of an entity described in this Subsection (5). See Utah Code 77-23e-102
• Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
• Identifying information: means information tied to an electronic device that identifies the user's or owner's:
       (6)(a) name;
       (6)(b) address;
       (6)(c) phone number;
       (6)(d) email; or
       (6)(e) other identifying information that would identify the owner or user of the electronic device. See Utah Code 77-23f-101
• Image database: means a database maintained by a government entity that contains images the government entity captures of an individual while the individual interacts with the government entity. See Utah Code 77-23e-102
• Imaging surveillance device: means a device that uses radar, sonar, infrared, or other remote sensing or detection technology used by the individual operating the device to obtain information, not otherwise directly observable, about individuals, items, or activities within a closed structure. See Utah Code 77-23d-102
• 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.
• 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.
• Law enforcement agency: means :
       (4)(a) an entity of the state or a political subdivision of the state that exists to primarily prevent, detect, or prosecute crime and enforce criminal statutes or ordinances; or
       (4)(b) an individual or entity acting for or on behalf of an entity described in Subsection (4)(a). See Utah Code 77-23c-101.2
• Law enforcement agency: means a public entity that exists primarily to prevent, detect, or prosecute crime or enforce criminal statutes or ordinances. See Utah Code 77-23e-102
• Law enforcement agency: means the same as that term is defined in Section Utah Code 77-23f-101
• Legal officer: means any commissioned officer of the National Guard designated to perform legal duties for a command. See Utah Code 39A-5-102
• Location information: means the same as that term is defined in Section Utah Code 77-23f-101
• Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
• Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
• Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
• National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
• Open session: means any hearing, before the board, a panel, a board member, or a hearing examiner, that is open to the public, regardless of the location of any person participating by electronic means. See Utah Code 77-27-1
• Panel: means members of the board assigned by the chairperson to a particular case. See Utah Code 77-27-1
• Pardon: means :
       (16)(a) an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction;
       (16)(b) the release of an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction; and
       (16)(c) the reinstatement of any civil rights lost as a consequence of conviction or punishment for a criminal offense. See Utah Code 77-27-1
• Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1
• Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• 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.
• 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.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public safety threat: means a documented reasonable articulable suspicion of:
       (7)(a) a threat to commit a violent felony by a specific individual towards a person, a group of people, or a place; or
       (7)(b) a threat by a specific individual to commit an offense under Section 76-5-107, Threat of violence. See Utah Code 77-23d-102
• Quorum: The number of legislators that must be present to do business.
• Rank: means the order of precedence among members of the armed forces. See Utah Code 39A-5-102
• 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.
• remission: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
• Remote computing service: means the provision to the public of computer storage or processing services by means of an electronic communications system. See Utah Code 77-23c-101.2
• 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).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• respite: means the temporary suspension of the execution of the sentence. See Utah Code 77-27-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-27-1
• Reverse-location information: means historical location information for:
       (9)(a) a defined time period;
       (9)(b) a defined or undefined area; and
       (9)(c) a defined or undefined number of electronic devices, for which the identities of the owners or users of the electronic devices are unknown to law enforcement. See Utah Code 77-23f-101
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• SJA: means the commissioned judge advocate general's corps officer responsible for supervising the delivery of legal services in the National Guard. See Utah Code 39A-5-102
• 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: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Superior commissioned officer: means a commissioned officer superior to another in rank or command. See Utah Code 39A-5-102
• Surveillance information: means future, current, or historical information produced by the digital monitoring of an area that can be used to create biometric surveillance information. See Utah Code 77-23d-102
• Target: means a person or a structure upon which a government entity intentionally collects or attempts to collect information using an imaging surveillance device. See Utah Code 77-23d-102
• Termination: means the act of discharging from parole or concluding the sentence of imprisonment before the expiration of the sentence. See Utah Code 77-27-1
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trained employee: means an individual who is trained to make a facial recognition comparison and identification and who has completed implicit bias training. See Utah Code 77-23e-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unit: means any regularly organized command of the National Guard. See Utah Code 39A-5-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Verdict: The decision of a petit jury or a judge.
• Victim: means :
       (25)(a) a person against whom the defendant committed a felony or class A misdemeanor offense for which a hearing is held under this chapter; or
       (25)(b) the victim's family if the victim is deceased as a result of the offense for which a hearing is held under this chapter. See Utah Code 77-27-1
• Violent felony: means the same as that term is defined in Section Utah Code 77-23d-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5