Chapter 1 Definitions
Chapter 2 Affirmative Defense of Insanity or Mental Illness; Pleadings, Orders, and Findings
Chapter 3 Comprehension to Stand Trial
Chapter 4 Notice of Alibi Defense
Chapter 5 Change of Judge
Chapter 6 Change of Venue
Chapter 7 Continuances
Chapter 8 Omnibus Date, Pretrial Hearing, and Pretrial Conference
Chapter 9 Pretrial Determination of Intellectual Disability in Death Sentence Cases
Chapter 10 Child Pornography and Discovery
Chapter 11 Laboratory Reports
Chapter 12 Court Appointed Forensic Advocate for Persons With Intellectual Disabilities, Developmental Disabilities, or Autism Spectrum Disorders

Terms Used In Indiana Code > Title 35 > Article 36

  • 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.
  • 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.
  • Bench trial: Trial without a jury in which a judge decides the facts.
  • child pornography: includes :

    Indiana Code 35-36-10-2

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Criminal justice: includes activities concerning:

    Indiana Code 5-2-6-1

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Eligible entity: means a unit of government, government agency, or nonprofit organization that meets all criteria for funding eligibility under section 10 of this chapter. See Indiana Code 5-2-6-1
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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. See Indiana Code 5-2-6-1
  • 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.
  • Juvenile justice: includes activities concerning:

    Indiana Code 5-2-6-1

  • 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
  • Local governmental entities: include :

    Indiana Code 5-2-6-1

  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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.
  • Omnibus date: refers to the omnibus date established under IC 35-36-8-1. See Indiana Code 35-36-1-1
  • 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:
  • 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.
  • 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.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Trustees: refers to the board of trustees of the institute. See Indiana Code 5-2-6-1
  • 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