Glossary

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Term Definition
Habeas corpus

A writ used as a means to bring a person before the court to determine whether he/she is being detained unlawfully.

Harmless error

An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.

Hearing proceedings

A record of the testimony and evidence entered.

Hearsay

Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

Hostile witness

A witness whose testimony is not favorable to the party who calls him/her as a witness. A hostile witness may be asked leading questions and may be cross examined by the party who calls him/her to the stand.

Hung jury

Jury unable to reach a verdict.

Immunity

Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence.

Impeachment of a witness

An attack on the credibility (believability) of a witness, through evidence introduced for that purpose.

Implied consent

Requirement to take a chemical test when arrested for driving under the influence.

In camera

In chambers, or in private. A hearing in camera takes place in the judge's office outside of the presence of the jury and the public.

In forma pauperis

In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.

In-custody arraignments (jail cases)

Arrests and filed cases going to court in which there has not been a release on bond or by other means.

Inadmissible

That which, under the rules of evidence, cannot be admitted or received as evidence.

Incarcerate

To confine in jail.

Independent executor

A special kind of executor, permitted by the laws of certain states, who perfoms the duties of an executor without intervention by the court.

Indeterminate sentence

A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.

Indictment

A formal charging document issued by a grand jury to the court, that the named person committed a specific offense.

Indigent

Needy or improverished. A defendant who can demonstrate his/her indigence to the court may be assigned a court-appointed attorney at public expense.

Information

A formal charging document issued by the State Attorney, that the named person committed a specific offense.

Infraction

A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions.