Hate crime A crime against a person or property that is motivated, in whole or in part, by the perpetrator`s prejudice against race, religion, disability, ethnic origin or sexual orientation. Lawsuits brought by victims directly against their perpetrators. Money or property given to the court as security when an accused is released before and during a trial, with the agreement that the defendant will return to court if requested. Bail is lost if the accused does not return to court. Testimony Testimony of a witness under oath. It does not contain evidence from documents and other physical evidence. Victims Persons who have been injured by criminal acts of their perpetrators. Inform the victim of the existence of the Federal Law on the Rights of Victims of Crime (2004), state victim rights laws, state victim compensation programs, and/or the victim notification system. Restitution Help victims claim reimbursement if recovery efforts are unsuccessful. Punitive damages Damages awarded to victims against perpetrators, in addition to damages, to punish perpetrators or set an example. Response Official written responses to respondents/authors in response to the plaintiff`s complaints. Such pleadings may negate some or all of the allegations; You can take defensive measures such as self-defense or risk-taking, or claim that even if all of the plaintiff`s claims are true, there is no liability.
These pleadings are usually accompanied by legal notes and oral arguments. The names of the briefs differ according to the case law. The terms «Demurrage», «Applications for Summary Ruling», «Applications for Dismissing Proceedings» and «Replies» are descriptions of an admissible pleading. The list is of a general nature and does not constitute legal advice. If there is something you do not understand or find here, and you do not have legal counsel to assist you, please contact our office. Pre-trial intervention (PTI) programs Supervised pre-trial intervention programs for persons accused of a crime before or after the presentation of information or the referral of an indictment to the district court. These programmes provide for appropriate counselling, education, supervision and medical and psychological treatment, where available and appropriate for persons released into these programmes. Any first-time offender or person with a previous conviction for not more than one non-violent offence and charged with a misdemeanor or third-degree felony may, with the consent of the program administrator and the consent of the victim, prosecutor and judge who presided over the offender`s first hearing, be released into the pre-trial intervention program. However, the accused cannot be released under the pre-trial intervention program unless, after consulting with counsel, the accused has voluntarily consented to such a program and knowingly and intelligently waived his or her right to expeditious proceedings for the duration of his or her diversion. (8) Offenders or third parties responsible for their conduct should, where appropriate, fairly compensate victims, their families or dependants.
Such restitution should include restitution of property or payment for damage or loss suffered, reimbursement of costs incurred as a result of victimization, provision of services and restoration of rights. (c) provide adequate assistance to victims throughout the judicial process; The Canadian Victims Bill of Rights will provide victims of crime: (1) REGULATIONS. – No later than 1 year after the effective date of this chapter, the Attorney General of the United States shall issue regulations to uphold the rights of victims of crime and to ensure that responsible officials comply with the obligations outlined by law to victims of crime. 13. The establishment, strengthening and expansion of national funds for the compensation of victims should be encouraged. Where appropriate, other funds may also be established for this purpose, including in cases where the State of which the victim is a national is unable to compensate the victim for the damage. Prosecutor A litigator who represents the government in criminal proceedings and the interests of the state in civil cases. In criminal cases, the prosecutor is responsible for deciding who and when to prosecute them. Plea The first plea of a defendant, the statement by the accused at the public hearing whether he or she is guilty or not guilty.
The accused`s response to the allegations or information contained in the indictment. Harassment Individuals are considered victims of stalking or harassment if they have experienced at least one of the behaviours listed below on at least two separate occasions. In addition, as a result of the behaviour, individuals must have feared for their safety or that of a family member, or have experienced additional threatening behaviour that would cause fear in a reasonable person. In cases where a defendant has been found incapable or not criminally responsible by reason of a mental disorder, the victim may exercise his or her rights while under the jurisdiction of a court or jury. A person who has been charged, convicted or found not criminally responsible for the crime that led to victimization on the basis of a mental disorder is not defined as a victim. For example, if a parent has been accused of abusing a child, that parent cannot exercise the rights of the child victim or their own rights as a parent. Search warrant An order signed by a judge for a probable reason ordering owners of private property to allow police to enter and search items specified in the warrant. In limited situations, the police can crack down without a search warrant, but they cannot use what they find in the trial if the defense can prove that there was no probable reason for the search. A legal doctrine which provides that, in certain cases, the criminal conviction of the perpetrators is considered evidence of the legal responsibility of these offenders in civil actions brought by the offender`s victims.
Criminal prosecution cases, in which the State prosecutes the perpetrators of crimes committed in violation of State laws. 16. The police, the judiciary, health services, social services and other relevant personnel should be trained to sensitize them to the needs of victims and given instructions to ensure adequate and prompt assistance. (2) MULTIPLE VICTIMS of crime: In the event that the court is of the opinion that the number of victims of crime makes it impossible to grant all victims of crime the rights described in paragraph (a), the court shall establish an appropriate procedure for the implementation of this chapter that does not unduly complicate or prolong the proceedings. Assault Simple bodily harm: assault and attempted attack in which no weapon was used or which caused serious or serious injury to the victim. Intimidation, coercion and harassment are examples. General liability insurance policies that cover all losses listed in the policy. Complicity Similar to a civil conspiracy, when someone, and not the actual perpetrator, contributes so significantly to the criminal operation that they can be held accountable for their actions.
This criminal victimization glossary is a compilation of terms and definitions provided in various resources on orphans and vulnerable children, including: Acquittal A verdict of the court based on a jury or judge`s decision that an accused is not guilty of the crime for which he or she was charged or tried. Burden of proof The threshold of proof that a party must provide in order to succeed. In criminal cases, the burden of proof is very high: «beyond reasonable doubt» or generally 99% of the proof. In civil cases, however, the burden of proof on the victim/plaintiff is «mere preponderance» or more than 50% of the evidence. Referral of victims to other victim service providers if their particular agency is unable to provide the necessary support. This could also be the case if another authority is better able to provide the type of service needed, services appropriate to development or culture or services that correspond to the crime suffered. According to the VRRA, a victim of crime is a person who has suffered direct physical, emotional or financial (financial) harm as a result of a crime.