Chapter 1 Entry of Judgment and Sentencing
Chapter 2 Probation
Chapter 2.5 Home Detention
Chapter 2.6 Direct Placement in Community Corrections Program
Chapter 3 Commitment to the Department of Correction and Maximum, Medium, and Minimum Security Assignments
Chapter 4 Appeals
Chapter 5 Expungement of Arrest Records
Chapter 6 Execution of Death Sentence
Chapter 7 Postconviction DNA Testing and Analysis
Chapter 9 Sealing and Expunging Conviction Records
Chapter 10 Convictions of Trafficked Persons

Terms Used In Indiana Code > Title 35 > Article 38

  • 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."
     
  • 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.
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • 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.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • claimant: means a victim filing an application for assistance under this chapter. See 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
  • community corrections program: means a program consisting of residential and work release, electronic monitoring, day treatment, or day reporting that is:

    Indiana Code 35-38-2.6-2

  • constant supervision: means monitoring a violent offender twenty-four (24) hours each day by means described in section 12(b) of this chapter. See Indiana Code 35-38-2.5-2.3
  • 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.
  • 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.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • Earliest possible release date: means the date, computed as of the date of sentencing, on which a person would be entitled to discharge or release on parole considering:

    Indiana Code 35-38-3-1

  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • fund: refers to the violent crime victims compensation fund established by section 40 of this chapter. See Indiana Code 5-2-6.1-3
  • home: means :

    Indiana Code 35-38-2.5-2

  • 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.
  • institute: means the Indiana criminal justice institute established by IC 5-2-6. See Indiana Code 5-2-6.1-4
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • 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.
  • 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
  • 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.
  • person: includes a sole proprietorship, a partnership, a corporation, an association, a fiduciary, and an individual. See Indiana Code 5-2-6.1-6
  • 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.
  • Population: has the meaning set forth in IC 1-1-3. See Indiana Code 1-1-4-5
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Receiving authority: means :

    Indiana Code 35-38-3-1

  • recommendation: has the meaning set forth in IC 35-31. See 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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 (IC 35-42-3. See 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.
  • 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
  • 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: has the meaning set forth in IC 35-31. See 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: 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 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 representative: means a person designated by a sentencing court who is:

    Indiana Code 35-38-1-2

  • violent crime: means the following:

    Indiana Code 5-2-6.1-8

  • violent offender: has the meaning set forth in IC 35-31. See Indiana Code 35-38-2.5-4.7
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5