Adult Probation >Victim Services >Victims Rights Glossary

Victims Rights Glossary
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Dangerousness A sentencing enhancement of up to three times the number of years in prison for an offense if the defendant uses or exhibits a deadly weapon or dangerous instrument, or intentionally or knowingly causes serious physical injury. Damages Monetary compensation claimed by a person who has suffered loss or injury to his/her person, property, or rights as a result of the negligence or unlawful conduct of another. Decree An order of the Court given in civil cases. A final decree is one that fully disposes of the litigation; an interlocutory decree is a preliminary order that often disposes of only part of a lawsuit. Default In civil cases, the failure of the defendant to file an answer or appear within a certain amount of time. This will usually result in a default judgment against the defendant. Defendant The person or entity charged with committing a crime. Defense Attorney An attorney employed by the defendant to represent the defendant's interests in criminal proceedings. De Novo Anew A re-trial, on appeal, from the start as if the previous trial never took place. Depostion An interview of a witness set by court order and taken under oath and recorded by a court reporter. Desserault Hearing A special hearing to determine if the identification procedures used in a photo lineup were legally proper. Direct Complaint The County Attorney files a criminal complaint directly to the Superior Court instead of utilizing a Justice of the Peace Court or Grand Jury. A Superior Court Judge then holds a probable cause hearing. Direct Examination Questions asked by the attorney from a witness on the stand. Directed Verdict (Judgment of Acquittal) After the State has rested, the defense make a motion for a judgment of acquittal. If the Judge finds that no sufficient evidence exists, the Judge may grant the motion. Discovery The process by which the prosecutor and defense attorney learn of the evidence the other will present at a trial. Dismissal With and Wothout Prejudice See "with or without prejudice". Disposition The final result of a criminal case. Also called a sentencing. Diversion Program Before criminal charges are filed, the program provides an opportunity for a person to avoid a criminal record by participating in a program designed toward rehabilitation. These types of programs are reserved for lesser offenses and for those who do not have a prior record. Double Jeopardy A second prosecution for the same offense cannot occur when the commencement after a previous conviction or acquittal already took place. Due Process The regular course of administration through the courts of justice, under the protection of the law and the U.S. Constitution, enables every person to have a fair and impartial trial or hearing.

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