Terms Used In South Carolina Code > Title 44 > Chapter 23 > Article 5 - Fitness to Stand Trial

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• 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.
• Department: means the South Carolina Department of Mental Health. See South Carolina Code 44-23-10
• Designated examiner: means a physician licensed by the Board of Medical Examiners of this State or a person registered by the department as specially qualified, under standards established by the department, in the diagnosis of mental or related illnesses. See South Carolina Code 44-23-10
• 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.
• facility: means any hospital, clinic, or other institution maintained by the department. See South Carolina Code 44-23-10
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hospital: means a public or private hospital. See South Carolina Code 44-23-10
• 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.
• 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.
• legal guardian: means a person who legally has the care and management of the person of one who is not sui juris. See South Carolina Code 44-23-10
• Oath: A promise to tell the truth.
• Observation: means diagnostic evaluation, medical, psychiatric and psychological examination, and care of a person for the purpose of determining his mental condition. See South Carolina Code 44-23-10
• 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.
• Restoration treatment: means treatment provided to a person who has been determined unfit to stand trial but likely to become fit in the foreseeable future, and which has as part of its goals assisting the person to gain the capacity to understand the proceedings against him and to assist in his own defense. See South Carolina Code 44-23-10
• Testify: Answer questions in court.
• Treatment: means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to a patient, including diagnostic evaluation and medical, psychiatric, psychological, and social service care and vocational rehabilitation and counseling. See South Carolina Code 44-23-10
• 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.