Probation Officer Exam (Indiana) - Terms

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Absconder

Back 1

A probationer who disappears from the oversight of a probation officer or leaves the jurisdiction of the court without permission.

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Accusation

Back 2

A charge against a person in which a charge of a crime or offense can be made against an individual.

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Accessory

Back 3

A person who is not the main perpetrator of an offense nor was necessarily present at its occurrence, but in some way participated, either before or after the act was committed.

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Acquit

Back 4

To absolve one from an obligation of liability or to legally certify the innocence of one charged with a crime.

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Adjudication

Back 5

The process of rendering a judicial decision as to whether the facts alleged in a petition or other petitions are true.

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Admissible

Back 6

the evidence which can legally and properly be used in court, in accordance with applicable trial rules for such admission.

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Affidavit

Back 7

A statement or declaration reduced to writing and sworn or affirmed to before some officer who has the legal authority to administer an oath or affirmation, often a court clerk or notary public. A written statement of facts signed under penalty of perjury used to establish probable cause.

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Aggravating Circumstances

Back 8

Circumstances that will add time to the fixed sentence.

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AKA

Back 9

Also Known As.

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Alias

Back 10

An alternate name, may be a nickname.

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Alibi

Back 11

The claim of being at a place other than at the place of the commission of a crime at the time it occurred.

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Appeal

Back 12

The request to remove a case from the jurisdiction of a lower court to higher court for review.

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Appellee

Back 13

The party against whom an appeal is taken, also called the respondent.

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Appellant

Back 14

The party who initiates an appeal.

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Apprehend

Back 15

To seize, arrest, take into custody.

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Arraign

Back 16

To bring a prisoner to the bar of court to answer the matter charged upon him in the indictment.

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Bail

Back 17

The surety or sureties who procure the release of a person under arrest by becoming responsible for his appearance at the time and place designated.

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Bond

Back 18

An obligation of record entered into before the court requiring the performance of an act such as appearing in court as instructed on penalty of money forfeitures.

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Capias

Back 19

The general name for several species of writs the common characteristics of which are that they require the officer to take the body of accused or defendant into custody so that he may be taken before the court.

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Certiorari

Back 20

Writ issued by appellate court accepting lower courts’ decisions.

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Change of Venue

Back 21

The transfer of a legal action begun in one county to another county or the transfer of a legal action from one court to another court in the same county.

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Charge

Back 22

The underlying substantive offense contained in an accusation, indictment or information.

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Circumstantial

Back 23

The proof of facts that usually attend to other facts sought to be proven and which are not direct evidence.

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Coerce

Back 24

To threaten or force another person into a desired compliance or action.

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Commitment

Back 25

A process directed to an officer by which a person is to be confined to prison, usually by a court or magistrate.

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Complainant

Back 26

Party in a court action who makes the complaint of the cause of action.

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Concurrent

Back 27

Having equal authority or jurisdiction; running together at the same time.

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Confession

Back 28

A voluntary admission by an offender of his/her commission of a previously charged offense.

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Consecutive

Back 29

Following one another without interruption. Sentences must be served consecutively if, (1) another offense is committed within three years from the release of probation, (2) if the person is out on bond and they commit a new offense, or (3) if the person commits an offense while on probation.

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Conviction

Back 30

The act of proving or declaring guilt; rendering judgment upon said accused person.

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Corpus Delicti

Back 31

The body of the crime; the essence of the crime.

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Crime

Back 32

A violation of the government’s penal laws; an illegal act or failure to act.

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Criminal Proceeding

Back 33

A proceeding instituted to determine a person’s guilt or innocence or to set a convicted person’s punishment; a criminal hearing or trial.

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Custodian

Back 34

The person with whom a child resides.

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Custody

Back 35

Having legal and physical control and/or responsibility for a juvenile.

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Defendant

Back 36

The person defending or denying; the party against whom relief is sought in an action or suit.

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Delinquency

Back 37

The commission of an illegal act by a juvenile.

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Delinquent

Back 38

Failure to do what is required to by law; guilty of a fault or offense.

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Detainer

Back 39

An instrument placed with an agency for the purpose of detaining the subject presently in custody.

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Detention

Back 40

The act of retaining or detaining and preventing the removal of a person or property; the act of keeping in custody or confinement.

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Juvenile Detention

Back 41

The temporary confinement of a minor by a public offender pursuant to law.

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Detention Center

Back 42

A highly secure residential facility for delinquent or allegedly delinquent juveniles.

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Deposition

Back 43

A written testimony under oath (witness not appearing in court). The testimony of a witness in writing or the recording to be used in a later court hearing.

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Dismissal

Back 44

Final ending of a charge; an end to the proceedings.

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Disposition

Back 45

The action by a criminal or juvenile justice agency which signifies that a portion of the justice process is complete and that jurisdiction is terminated or transferred to another agency or which signifies that a decision has been reached on one aspect of the case and different comes under consideration requiring a different kind of decision. The order of juvenile court determining what is to be done with a minor adjudged to be within the court’s jurisdiction.

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Diversion

Back 46

A deviation or alteration from the natural course of things.

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Diversion program

Back 47

A program that refers certain criminal defendants before trial to community programs, on the job training, education and the life, which if successfully completed may lead to the dismissal of the charges (pre-trial diversion).

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DOB

Back 48

Date Of Birth.

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Docket Number

Back 49

Cause number, case number; assigned to case by the court for purposes of identification.

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Emancipation

Back 50

Free from parental control and able to support oneself.

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Entrapment

Back 51

An improper or illegal inducement to crime by agents of law enforcement with the intent to persuade the person to offend; also, a defense that make be raised when such inducements have occurred.

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Expungment / Sealing

Back 52

The destruction or sealing of records after passage of specified time or age that a person has not committed another offense.

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Extradition

Back 53

The surrender of a fugitive or prisoner by one state, nation or legal authority to another for trial or punishment.

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Executioner

Back 54

Warden or designated person of the ward.

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Face Sheet

Back 55

First page of presentence investigation.

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Facts Finding Hearing

Back 56

The juvenile version of an adult trial.

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Felony

Back 57

Any crime more serious than a misdemeanor, punishable by more than one year in a state prison.

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Fugitive

Back 58

An absconder for whom a warrant is active.

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Guardian Ad Litem

Back 59

Person appointed by the court to represent a child’s interest and to provide the child with services requested by the court. NOT a legal guardian.

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Grand Jury

Back 60

A jury ranging from 12-23 members chosen to investigate accusations of a crime and bring an indictment against the person accused if there is enough evidence for a trial.

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Habeas Corpus

Back 61

A writ directed to the person detaining another and commanding him to produce the body of the prisoner.

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Habitual Offender (before 7/1/14)

Back 62

Two (2) prior unrelated felonies; may add additional 30 years to term; if 10 years since last on probation, court may subtract 25 years.

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Indictment

Back 63

A written accusation against one or more persons of a crime presented by and preferred upon oath or affirmation by a grand jury.

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Informal Adjustment

Back 64

A type of disposition used primarily for first time offenders which does not involve a court hearing. NOT diversion.

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Information

Back 65

A formal accusation of crime differing from an indictment only that it is preferred by the prosecuting officer instead of by a grand jury.

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Injunction

Back 66

An order from the court directing an individual not to do some act.

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In Re Gault / Gault Decision

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The decision of the U.S. Supreme Court setting for the fact that all minors have the same constitutional protections as adults.

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Intake

Back 68

The section in juvenile court that makes preliminary investigations to determine how best to handle the case in the best interests of the child and the community.

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Intermittent Sentence

Back 69

A sentence of incarceration of not more than 60 days to be completed within 1 year (usually on weekends).

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Interstate Compact

Back 70

An agreement between the 50 states by which each state agrees under certain circumstances to accept probationers of other states for supervision.

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Judge Pro Tempore

Back 71

A judge for temporary services.

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Mandate

Back 72

An order from a court directing an official or lower court to do some act.

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Misdemeanor

Back 73

Breaking a criminal law less serious than a felony; punishable by one year or less in jail.

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Mitigating Circumstances

Back 74

Circumstances that will deduct time from the fixed sentence.

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Modification

Back 75

The juvenile version of an adult revocation.

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Neglect

Back 76

Failure of a parent to provide care or provide inadequate care.

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Nolo Contendere

Back 77

“I will not contest it.” A plea having the same legal effect as plea of guilty in regards to all the proceedings on the indictment and on which the defendant may be sentenced (pleading straight-up).

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Nolle Prosequi

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"We will not prosecute." An entry made on the record by which the prosecutor or the plaintiff declares that he will proceed no further.

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Non-Support

Back 79

Deliberate failure to provide for the support of minor children.

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Omnibus Hearing

Back 80

Sometimes referred to as pre-trial; prosecutor and defense attorney meet to determine whether to have a bench or jury trial, set a trial date and exchange witnesses and exhibits.

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Parole

Back 81

Release from prison based upon good behavior but subject to administrative rules and regulations.

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Perjury

Back 82

A criminal offense of making false statements under oath.

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Petit Jury

Back 83

A jury consisting usually of 12 persons chosen to decide a case in court.

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Petition (Juvenile)

Back 84

The legal document prepared by the juvenile court that sets forth the charge as it is stated in the statutes.

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Petition

Back 85

A written order of the court for some type of action; a complaint; a formal allegation.

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Plea

Back 86

The answer by the defendant of guilty or not guilty in a criminal case.

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Plea Agreement

Back 87

An agreement between a prosecuting attorney and defendant concerning the disposition of a felony or misdemeanor charge.

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Post Mortem

Back 88

After death.

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Predispositional Report

Back 89

A document that is completed by the juvenile probation department that contains an in-depth legal and social history of the child and family; contains a recommendation for the care, rehabilitation and treatment of the child, participation of parents and financial responsibility; it is done when the juvenile goes to court (a juvenile PSI).

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Preliminary Inquiry

Back 90

An informal investigation into the facts and circumstances reported to the court.

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Preponderance

Back 91

"More probable than not." Greater weight of evidence (probable cause); 51%.

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Presentence Investigation

Back 92

A report prepared by the probation officer at the request of the court with information the judge may use in sentencing the defendant.

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Presumptive Sentence

Back 93

An average sentence for a particular crime, especially provided under sentencing guidelines, that can be raised or lowered based on the presence of mitigating or aggravating circumstances (advisory sentence).

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Prima Facie

Back 94

"At first sight." The evidence which, when unexplained and contradicted, appears to be sufficient to establish a fact.

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Probation

Back 95

The permission by the court to allow a person who has committed an offense and could be incarcerated to remain at liberty; requires compliance with stated conditions or a conditional release from custody under supervision of the probation department.

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Probation User Fee (PUF)

Back 96

Monthly fee paid by probationers while on probation.

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Prosecutor

Back 97

The lawyer responsible for representing the government side of the case.

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Public Defender

Back 98

A lawyer who is appointed by the court to represent an indigent offender during a criminal prosecution.

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Rap Sheet

Back 99

The record of arrest of an individual.

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Receiving State

Back 100

State receiving probationer through use of the interstate compact for supervision of probation.

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Recidivist

Back 101

A repeat offender.

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Referee

Back 102

A court worker appointed by the judge to hear juvenile court cases and to make the same adjudication and disposition decisions as a judge.

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Res Judicata

Back 103

Matter that has been decided.

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Restitution / Reparation

Back 104

The court-ordered repayment of that which was taken wrongfully from a victim by an offender; the repayment by an offender for the injury caused upon a victim; repayment may be in money, providing services, etc.

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Revocation

Back 105

A repeal, concealing or withdrawal. Action taken, possibly imprisonment, as a result of a violation of probation.

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Search Warrant

Back 106

A warrant requiring the officer to whom it is addressed to search a place for specified property, and if found, to bring such property and the person possessing it before the court or authorized officer.

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Sending State

Back 107

Under the interstate compact, the state from which the probation in transferred.

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Secure Detention Facility

Back 108

Locked facility; status offenders cannot be placed here except for habitual runaways with a court order.

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Shelter Care Facility

Back 109

A place of residence that is licensed under the law to house children and is not locked to prevent the child’s departure unless to protect the child’s health.

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Split Sentence

Back 110

A sentence whereby the court orders a convicted offender to serve a fixed term in jail or prison and later be released to a term of probation as a suspended portion of the total sentence.

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Status Crime

Back 111

A crime of which a person is guilty by being in a certain condition or of a specific character.

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Status Offense

Back 112

Acts of delinquency that are not crimes for adults (truancy, curfew, runaway, incorrigibility).

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Subpoena

Back 113

A legal document usually issued by a court clerk that the named person appear in court on a stated date and time to give testimony on a case to be heard by the court. Failure to appear for the hearing is punishable as contempt of court.

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Summons

Back 114

Legal document issued by the clerk or other court officer notifying the person that a lawsuit or legal case has been filed against or involves him and notifies of any dates scheduled for hearing. Does not require court attendance.

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Suspension of Sentence

Back 115

To withhold the imposition of execution of a court-ordered sentence.

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Testify

Back 116

To give evidence in a court of law under oath.

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Testimony

Back 117

A statement used for evidence.

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Tolling Time

Back 118

The time that elapses between filing a revocation and when judgment is imposed. Defendant does not receive credit for this time.

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Tort

Back 119

A wrong based on the act or the omission of an act by a person that caused an injury to another person or property of another person in violation of another duty imposed by law.

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Verdict

Back 120

A decision of a jury in a civil or criminal case or an issue submitted for its judgment.

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Victim

Back 121

A person who has be kidnapped, swindled, defrauded, robbed, abused, injured in an accident, or suffered other types of wrong by criminal acts.

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Waiver

Back 122

Giving up a right or a claim, or a refusal to accept a right. The understanding and voluntary relinquishment of a known right, such as the right to counsel or the right to remain silent during police questioning.

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Ward

Back 123

A person, especially a child, who is legally under the control and protection of a guardian or of a court.

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Warrant

Back 124

A legal document issued by a judge authorizing search and seizure or the arrest and detention of a specified person. No hearing is required and the person need not be notified but the court must be given probably or reasonable cause to believe the warrant is necessary for the apprehension before it is issued; use affidavits.

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Writ

Back 125

An order issued by the court commanding that a certain act be done or not done.