Glossary

 

accelerated rehabilitation (AR): a program in which a first time offender does not admit guilt, but is put on a type of probation for up to two years. If the offender successfully completes the probation, the case is dismissed. An offender can only be granted AR once, and usually only for a less-serious crime.

advocate: someone who provides victims with the information and assistance they need to be able to act for themselves, and, if necessary, who acts on the victim’s behalf.

arraignment: court proceeding soon after arrest. The offender is brought to court, the formal charges are announced, bond/bail may be reviewed, and the offender’s plea may be entered.

arrest: police seize the suspected offender for prosecution by the state.

Board of Pardons: a panel that decides whether a convicted offender should be released, either fully or conditionally, from the sentence and possibly from all consequences of the conviction.

bond/bail: the offender may be released from custody while awaiting trial. Usually money or security must be given to the court to ensure that the offender will appear for any court proceedings. In some cases the offender must agree to certain condition of release, such as a no contact order.

civil court: the court that decides matters involving the rights of individuals. Lawsuits, such as those seeking money damages, are decided in civil court.

complaint: a formal report made to police about a crime.

conviction: a determination that the offender is guilty of a criminal charge.

court-based victim advocate: someone who works for the Office of Victim Services providing assistance to victims and helping the victim and the prosecutor stay in contact with each other during the case.

court clerk: a court officer who keeps official records of all court matters. There is a clerk in every court, and the phone number can be found in the blue section of the phone directory for the court location.

criminal court: the court that decided matters involving crimes. All criminal violations, including sexual assault, are legally considered crimes against the state, not the victim. (Victims may also be able to file a lawsuit in civil court for the violation of his or her rights.)

Department of Correction: the statewide prison system.

Discharge Instructions: a form completed by a doctor or nurse and given to a victim after a sexual assault exam. It contains important contact information and information about tests that were done and medication/treatment given.

dismissal: when the criminal case against the offender is dropped and removed from the official record.

family violence counselor: a counselor specially trained to support and assist victims of family violence and their children, generally emplayed by a family violence service.

family violence education program: a program in which a first time family violence offender is placed in a training program. If the offender successfully completes the program, the case is dismissed.

family violence victim advocate: a family violence counselor who works closely with prosecutors and others in the criminal court.

HIV counselor: a counselor, specially trained about HIV and AIDS, who provides persons with information about the diseases and about testing options and limitations. Counselors work at sites throughout the state. (Call a sexual assault counselor for site locations.)

investigator: someone who investigates the facts of a case for a lawyer. Prosecutors and defense attorneys use investigators. Prosecutors also use investigators who are called inspectors.

juvenile offender: someone who commits a crime prior to reaching the age of sixteen.

lawsuit (to sue): a civil court proceeding in which an individual seeks a remedy, such as money damages.

no contact order (NCO): an order by the criminal court to protect a victim from any contact, direct or indirect by an arrested offender, usually made a condition of release on bond. An NCO is requested by the prosecutor and usually ends when the case ends. Violation of an NCO may result in an increase in bond/bail or revocation of release on bond.

parole: the conditional release of a convicted offender before the entire sentence is served.

Parole Board: the panel that decides whether to grant parole.

plea: the offender's response to the criminal charges (usually guilty, nolo contendere, or not guilty).

plea agreement: an agreement between the prosecutor and the offender about the charges, plea and sentence. If a plea agreement is reached and accepted by the court there is no trial.

Pre-sentence Investigation Report: a report about the offender that is prepared by a probation officer to be used by the judge in determining the sentence. Victims can provide information about the affects of the crime on his or her life, as well as feelings about the offender and the sentence. (Victims can also provide this information in a Victim Impact Statement).

probation: a procedure whereby an offender found guilty of a crime is released by the court, subject to certain conditions, under the supervision of a probation officer. Probation may be ordered instead of or following imprisonment.

protective order: an order by the criminal court to protect a victim from threats/harassment/violence and often any contact by an arrested offender who is/was a family or household member, parent of the victim's child, or dating the victim. A PO is requested by the prosecutor and usually ends when the case ends. Violation of a PO is an additional crime for which the offender may be arrested.

restraining order: an order by the civil court forbidding certain actions (usually contact between persons). An RO is requested by the victim of threats or violence by someone who is/was a family or household member, parent of the victim's child, or dating the victim, and is temporary. Violation of an RO may constitute contempt of court or, in certain cases, may be an additional crime for which the offender may be arrested.

secondary victims: family, partners or friends of the victim who have also been affected by the assault.

sentence: the punishment ordered by the judge to be inflicted upon an offender convicted of a crime.

sentencing judge: the judge who decides and announces what punishment the offender will receive.

Sentence Review Division: a panel that decides whether a criminal sentence should be changed.

sexual assault counselor: a counselor specially trained to support and assist victims of sexual assault and their families, generally employed by a sexual assault crisis service.

subpoena: a written order by a judge or lawyer requiring that a specific person appear in court on a specific date. Documents can also be subpoenaed.

statement: declaration of facts by a witness about a crime.

testimony: statements made, usually in court, under an oath to tell the truth.

Victim Impact Statement: a statement by the victim prior to the acceptance by the court of a plea agreement and at the sentencing hearing, telling the judge how the crime affected his or her life. The statement can be written and given to the prosecutor for submission to the judge, or the victim can speak directly to the judge in court. The judge will consider this statement when deciding whether to accept a plea agreement and what constitutes an appropriate sentence.

witness: anyone who testifies in court, including the victim.

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