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

• Accuser: means an individual who:

  (a)	signs and swears to charges;

  (b)	directs that charges nominally be signed and sworn to by another; or

  (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: Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt. 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 Administrative traffic checkpoint: means a roadblock procedure where enforcement officers stop all, or a designated sequence of, motor vehicles traveling on highways and roads and subject those vehicles to inspection or testing and the drivers or occupants to questioning or the production of documents. See Utah Code 77-23-102 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. Aggrieved person: means a person who was a party to any intercepted wire, electronic, or oral communication, or a person against whom the interception was directed. See Utah Code 77-23a-3 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. 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. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Aural transfer: means any transfer containing the human voice at any point between and including the point of origin and the point of reception. See Utah Code 77-23a-3 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. Bail: means pretrial release. See Utah Code 77-20-102 Bail bond: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102 Bail bond agency: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Command level officer: includes all sheriffs, heads of law enforcement agencies, and all supervisory enforcement officers of sergeant rank or higher. See Utah Code 77-23-102 Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102 Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102 Communications common carrier: means any person engaged as a common carrier for hire in intrastate, interstate, or foreign communication by wire or radio, including a provider of electronic communication service. See Utah Code 77-23a-3 Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102 Contents: when used with respect to any wire, electronic, or oral communication includes any information concerning the substance, purport, or meaning of that communication. See Utah Code 77-23a-3 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. 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. County jail official: means a county sheriff or the county sheriff's designee. See Utah Code 77-20-102 Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request. Cross examine: Questioning of a witness by the attorney for the other side. 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. 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: Docket: A log containing brief entries of court proceedings. Electronic communication: means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system, but does not include: (a)  the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit; (b)  any wire or oral communications; (c)  any communication made through a tone-only paging device; or (d)  any communication from an electronic or mechanical device that permits the tracking of the movement of a person or object. See Utah Code 77-23a-3 Electronic communications service: means any service that provides for users the ability to send or receive wire or electronic communications. See Utah Code 77-23a-3 Electronic communications system: means any wire, radio, electromagnetic, photoelectronic, or photo-optical facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of the communication. See Utah Code 77-23a-3 Electronic storage: means : (a)  any temporary intermediate storage of a wire or electronic communication incident to the electronic transmission of it; and (b)  any storage of the communication by an electronic communications service for the purposes of backup protection of the communication. See Utah Code 77-23a-3 Emergency circumstances: means circumstances where enforcement officers reasonably believe road conditions, weather conditions, or persons present a significant hazard to persons or the property of other persons. See Utah Code 77-23-102 Enforcement officer: includes : (a)  peace officers as defined in Title 53, Chapter 13, Peace Officer Classifications; (b)  correctional officers as defined in Title 53, Chapter 13, Peace Officer Classifications; (c)  special function officers as defined and under the restrictions of Title 53, Chapter 13, Peace Officer Classifications; and (d)  federal officers as defined in Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 77-23-102 Enlisted member: means an individual in an enlisted grade. See Utah Code 39A-5-102 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. Exonerate: means to release and discharge a surety, or a surety's bail bond producer, from liability for a bail bond. See Utah Code 77-20-102 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Financial condition: means any monetary condition that is imposed to secure an individual's pretrial release. See Utah Code 77-20-102 Forfeiture: means : (a)  to divest an individual or surety from a right to the repayment of monetary bail; or (b)  to enforce a pledge of assets or real or personal property from an individual or surety used to secure an individual's pretrial release. See Utah Code 77-20-102 Fraud: Intentional deception resulting in injury to another. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor 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 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, incompetent to be executed: means that, due to mental condition, an inmate is unaware of either the punishment he is about to suffer or why he is to suffer it. See Utah Code 77-19-201 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. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intercept: means the acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Utah Code 77-23a-3 Investigative or law enforcement officer: means any officer of the state or of a political subdivision, who by law may conduct investigations of or make arrests for offenses enumerated in this chapter, or any federal officer as defined in Section 53-13-106, and any attorney authorized by law to prosecute or participate in the prosecution of these offenses. See Utah Code 77-23a-3 Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation. Judge of competent jurisdiction: means a judge of a district court of the state. See Utah Code 77-23a-3 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. Land: includes :Utah Code 68-3-12.5 Legal officer: means any commissioned officer of the National Guard designated to perform legal duties for a command. See Utah Code 39A-5-102 Magistrate: means the same as that term is defined in Section 77-1-3. See Utah Code 77-20-102 Magistrate: includes all judicial officers enumerated in Subsection 77-1-3(4). See Utah Code 77-23-102 Material change in circumstances: includes : (i)  an unreasonable delay in prosecution that is not attributable to the defendant; (ii)  a material change in the risk that an individual poses to a victim, a witness, or the public if released due to the passage of time or any other relevant factor; (iii)  a material change in the conditions of release or the services that are reasonably available to the defendant if released; (iv)  a willful or repeated failure by the defendant to appear at required court appearances; or (v)  any other material change related to the defendant's risk of flight or danger to any other individual or to the community if released. See Utah Code 77-20-102 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 Monetary bail: means a financial condition. See Utah Code 77-20-102 Motor vehicle: includes all vehicles as defined in Title 41, Chapter 1a, Motor Vehicle Act. See Utah Code 77-23-102 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 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. 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. Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102 Oral communication: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception, under circumstances justifying that expectation, but does not include any electronic communication. See Utah Code 77-23a-3 Own recognizance: means the release of an individual without any condition of release other than the individual's promise to: (a)  appear for all required court proceedings; and (b)  not commit any criminal offense. See Utah Code 77-20-102 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: means :Utah Code 68-3-12.5 Person: means any employee or agent of the state or a political subdivision, and any individual, partnership, association, joint stock company, trust, or corporation. See Utah Code 77-23a-3 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. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Pretrial detention hearing: means a hearing described in Section 77-20-206. See Utah Code 77-20-102 Pretrial release: means the release of an individual from law enforcement custody during the time the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102 Pretrial risk assessment: means an objective, research-based, validated assessment tool that measures an individual's risk of flight and risk of anticipated criminal conduct while on pretrial release. See Utah Code 77-20-102 Pretrial services program: means a program that is established to: (a)  gather information on individuals booked into a jail facility; (b)  conduct pretrial risk assessments; and (c)  supervise individuals granted pretrial release. See Utah Code 77-20-102 Pretrial status order: means an order issued by a magistrate or judge that: (a)  releases the individual on the individual's own recognizance while the individual awaits trial or other resolution of criminal charges; (b)  sets the terms and conditions of the individual's pretrial release while the individual awaits trial or other resolution of criminal charges; or (c)  denies pretrial release and orders that the individual be detained while the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102 Principal: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102 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. Rank: means the order of precedence among members of the armed forces. See Utah Code 39A-5-102 Readily accessible to the general public: means , regarding a radio communication, that the communication is not: (a)  scrambled or encrypted; (b)  transmitted using modulation techniques with essential parameters that have been withheld from the public with the intention of preserving the privacy of the communication; (c)  carried on a subcarrier or signal subsidiary to a radio transmission; (d)  transmitted over a communications system provided by a common carrier, unless the communication is a tone-only paging system communication; or (e)  transmitted on frequencies allocated under Part 25, Subpart D, E, or F of Part 74, or Part 94, Rules of the Federal Communications Commission unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio. See Utah Code 77-23a-3 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. 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). Road: includes :Utah Code 68-3-12.5 Service of process: The service of writs or summonses to the appropriate party. 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. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Superior commissioned officer: means a commissioned officer superior to another in rank or command. See Utah Code 39A-5-102 Surety: means a surety insurer or a bail bond agency. See Utah Code 77-20-102 Surety insurer: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102 Temporary pretrial status order: means an order issued by a magistrate that: (a)  releases the individual on the individual's own recognizance until a pretrial status order is issued; (b)  sets the terms and conditions of the individual's pretrial release until a pretrial status order is issued; or (c)  denies pretrial release and orders that the individual be detained until a pretrial status order is issued. See Utah Code 77-20-102 Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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 Unsecured bond: means an individual's promise to pay a financial condition if the individual fails to appear for any required court appearance. See Utah Code 77-20-102 User: means any person or entity who: (a)  uses an electronic communications service; and (b)  is authorized by the provider of the service to engage in the use. See Utah Code 77-23a-3 Usury: Charging an illegally high interest rate on a loan. Source: OCC 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:Utah Code 68-3-12.5 Verdict: The decision of a petit jury or a judge. Wire communication: includes the electronic storage of the communication, but does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit. See Utah Code 77-23a-3 Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. Writing: includes :Utah Code 68-3-12.5