Terms Used In Utah Code > Title 77 > Chapter 11c - Retention of Evidence

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Acquitted: means the same as that term is defined in Section 77-11b-101. See Utah Code 77-11c-101
• Adjudicated: means that:
       (2)(a)

            (2)(a)(i) a judgment of conviction by plea or verdict of an offense has been entered by a court; and

            (2)(a)(ii) a sentence has been imposed by the court; or
       (2)(b) a judgment has been entered for an adjudication of an offense by a juvenile court under Section 80-6-701. See Utah Code 77-11c-101
• Adjudication: means :
       (3)(a) a judgment of conviction by plea or verdict of an offense; or
       (3)(b) an adjudication for an offense by a juvenile court under Section 80-6-701. See Utah Code 77-11c-101
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appellate court: means the Utah Court of Appeals, the Utah Supreme Court, or the United States Supreme Court. See Utah Code 77-11c-101
• Arrest: Taking physical custody of a person by lawful authority.
• 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
• Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Computer: means the same as that term is defined in Section 77-11a-101. 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
• Contraband: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
• Controlled substance: means the same as that term is defined in Section 58-37-2. 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
• 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.
• Designated agent: means the third party the division contracts with as provided in Section 38-1a-202 to create and maintain the registry. See Utah Code 38-1a-102
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
• DNA: means deoxyribonucleic acid. See Utah Code 77-11c-101
• DNA profile: means a unique identifier of an individual derived from DNA. See Utah Code 77-11c-101
• Drug paraphernalia: means the same as that term is defined in Section 58-37a-3. See Utah Code 77-11c-101
• 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: 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 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
• Exhibit: means property, contraband, or an item or substance that is admitted into evidence for a court proceeding. 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
• Medical or forensic entity: means a private or public hospital, medical facility, or other entity that secures biological evidence or conducts forensic examinations related to criminal investigations. See Utah Code 77-11c-101
• Original contractor: means a person, including an owner-builder, that contracts with an owner to provide preconstruction service or construction work. See Utah Code 38-1a-102
• Owner: means a person who possesses an interest in a project property and contracts with an original contractor for preconstruction service or construction work. See Utah Code 38-1a-102
• 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
• 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
• 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.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: means the same as that term is defined in Section 77-11a-101. 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.
• Registry: means the State Construction Registry under Part 2, State Construction Registry. See Utah Code 38-1a-102
• 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
• 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.
• Subcontractor: means a person that contracts to provide preconstruction service or construction work to:
       (34)(a) a person other than the owner; or
       (34)(b) the owner, if the owner is an owner-builder. See Utah Code 38-1a-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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 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
• Wildlife: means the same as that term is defined in Section 23A-1-101. See Utah Code 77-11c-101