CHAPTER 16: GLOSSARY AND REFERENCE MATERIALS - Table of Contents
ABANDONMENT EXCEPTION - In criminal law, the principle that a person who abandons property cannot thereafter be heard to complain that the police illegally seized that property. See Manual § 7.4
ABORTION - The abortion statute provides that "Any person who intentionally ends or causes to be ended the pregnancy of a woman by any means other than justified medical termination or birth" is guilty of a class 4 felony or, if the woman dies, a class 2 felony. See Manual § 6.11 and C.R.S. § 18-6-101.
ACCESSORY - A liability theory under which one who aids the principal in the commission of a crime may be held liable for the acts of the principal. See C.R.S. § 18-2-101.
ACT - Act means a bodily movement, and includes words and possession of property. See Manual § 6.1 and C.R.S. § 18-1-501.
ADJUDICATE DELINQUENT - This is the juvenile court equivalent of finding an adult guilty. See Manual § 5.4.
ADVISEMENT HEARING - The first appearance of a criminal defendant in court at which he/she is advised of charges and rights and bond is set. See C.R.S. § 16-7-207(1), Crim.P. 5(a)(2) and Manual, Chapter 4.3, et seq.
AFFIDAVIT OF INDIGENCY - A sworn statement concerning a person's financial condition. Used to persuade the court to appoint counsel or to waive various costs.
AFFIRMATIVE DEFENSE - An affirmative defense admits the doing of the act charged but seeks to justify or excuse or it. Examples include self-defence, entrapment, choice of evils and insanity. See C.R.S. §§ 18-1-701 and 710 and Manual § 12.7.
AGGRAVATED INCEST - Aggravated incest occurs when a person a) marries or subjects to sexual contact his or her natural child, stepchild or adopted child; or b) marries or subjects to sexual contact a descendant, whole or half sibling, aunt, uncle, niece or nephew who is under ten years old. Aggravated incest is a class 3 felony. See Manual § 6.11 and C.R.S. § 18-6-302.
AGGRAVATED MOTOR VEHICLE THEFT - Aggravated motor vehicle theft occurs when a person obtains or exercises control over the motor vehicle of another person. It is first degree aggravated motor vehicle theft if certain aggravating factors are present and second degree aggravated motor vehicle theft if none of the factors exists. See Manual § 6.8 and C.R.S.§ 18-4-409.
AGGRAVATED ROBBERY - Aggravated robbery occurs when a person commits a ROBBERY and, either during the robbery or the immediate flight from the robbery, the defendant a) is armed with a deadly weapon and the defendant intends to harm anyone if resisted, b) wounds or strikes the victim with a deadly weapon, or puts the victim in fear of death or bodily injury with a deadly weapon, c) has a confederate who is armed with a deadly weapon and is aiding or abetting the defendant, or d) he possesses a simulated deadly weapon in fashion that would lead a reasonable person to believe it is an actual deadly weapon. See Manual § 6.8 and C.R.S. § 18-4-302.
AIDING AND ABETTING - See ACCESSORY and COMPLICITY.
ALFORD PLEA - A plea of guilty pursuant to Alford v. North Carolina, 400 U.S. 25 (1970) under which a criminal defendant pleads guilty in order to take advantage of a plea bargain while at the same time maintaining his or her innocence.
ALIBI - In criminal law, a claim by the defendant that he or she was someplace other than the scene of the crime at the time the crime was committed. See Manual § 5.9.
ALIMONY - See MAINTENANCE
ALTERNATE DEFENSE COUNSEL - The State agency which provides attorneys to represent people who are charged with criminal offenses in Colorado state court who cannot afford to hire their own attorney but who also cannot be represented by the Office of PUBLIC DEFENDER due to some type of conflict of interest.
ALTERNATIVE DISPUTE RESOLUTION (ADR) - An alternative to resolution of legal disputes in court by using a private arbitrator or mediator. The most popular forms of ADR are ARBITRATION and MEDIATION. See Manual § 10.1 and 8.5.
ALTERNATE JUROR - An 'extra' juror who is selected in a case to replace a juror who might become unable to continue. See Manual § 12.3.
ANSWER - In civil cases, the response of the DEFENDANT to the complaint filed by the PLAINTIFF. See Manual § 8.5
APPEAL BOND - The bond posted by a defendant after conviction to remain out of jail while his or her appeal is pending. See C.R.S. § 16-4-201 et seq. Defendants in civil cases who wish to appeal often must post an appeal bond.
ARBITRATION - A private litigation process for hearing a lawsuit with witnesses and exhibits. Arbitrators decide the case using simplified procedures and issue an award. Depending upon the agreement of the parties, arbitration may or may not be binding. See Manual § 10.1.
ARRAIGNMENT - The court appearance at which the defendant formally enters a plea. In misdemeanor cases, the arraignment often occurs at the same time as the advisement. In felony cases, arraignment is generally a separate hearing occurring after a preliminary or dispositional hearing. See C.R.S. § 16-1-104(2) and Manual, §§ 4.3, et seq., and 7.1.
ARREST - An arrest occurs when a person is apprehended or detained by state actors to answer for an alleged crime. An arrest is often defined as a situation in which a reasonable person would feel that his or her freedom of movement has been restricted in a significant way. See Manual § 4.2.
ARSON, FIRST DEGREE - This crime occurs when a person knowingly sets fire to or destroys through any explosive damage any building or occupied structure of another without consent. See Manual § 6.8 and C.R.S. § 18-4-102.
ARSON, SECOND-DEGREE - Second-degree arson occurs when a person knowingly sets fire to or destroys through any explosive damage any property other than a building or occupied structure of another without consent. See Manual § 6.8 and C.R.S. § 18-4-103.
ARSON, THIRD-DEGREE- Third-degree arson occurs when a person intentionally damages any property through fire or explosion with the intent to defraud. Third-degree arson is a class 4 felony. See Manual § 6.8 and C.R.S. § 18-4-104.
ARSON, FOURTH-DEGREE - Fourth-degree arson occurs when a person recklessly starts a fire or explosion that places another person in danger of death or SERIOUS BODILY INJURY or places a building or occupied structure in danger of damage. See Manual § 6.8 and C.R.S. § 18-4-105.
ASSAULT, FIRST-DEGREE- First-degree assault is the most serious form of assault, and is generally committed by a physical assault on another person in which the defendant caused or intended to cause SERIOUS BODILY INJURY, or used a deadly weapon. See Manual § 6.4 and C.R.S. § 18-3- 202.
ASSAULT, SECOND-DEGREE - Second-degree assault is an assault that generally causes or intends to cause BODILY INJURY to a person. It is a less serious offense if it is committed upon a sudden heat of passion, and a more serious offense if it is committed during the commission of, or flight from, certain serious felony offenses. See Manual § 6.4 and C.R.S. § 18-3-203.
ASSAULT, THIRD-DEGREE - Third degree assault is a class 1 misdemeanor, and is committed when a person either knowingly or recklessly causes BODILY INJURY to another or negligently causes bodily injury to another with a deadly weapon. See Manual § 6.4 or C.R.S. § 18-3-204.
ATTEMPT - An attempt is a substantial step towards the commission of an offense, taken with the requisite criminal intent. See C.R.S. § 18-2-101.
BAIL - The amount of money set by the court that a criminal defendant must post to get out of jail while his case is pending. The criteria for granting bail are found in C.R.S. § 16-4-101 et seq. See Manual, § 4.2, and C.R.S. § 16-1-104(3).
BAIL BONDSMAN - See PROFESSIONAL BAIL BONDING AGENT
BEST INTERESTS OF THE CHILD - The standard, defined by Colorado statute, to make determinations as to decision-making and parenting time for the children in a divorce. The standard includes various considerations, such as the wishes of the parents, the wishes of the child (in limited circumstances), the mental and physical health of the parties, the ability of the parties to encourage love and affection between the child and the other parent.
BEYOND A REASONABLE DOUBT - A reasonable doubt is not a vague or speculative doubt, but is a doubt based upon reason and common sense that would make a reasonable person hesitate to act in a matter of importance. This is the burden of proof in criminal cases.
BIND OVER - In a felony case, a court which is conducting the PRELIMINARY HEARING will bind the case over for trial if the court finds probable cause to believe the defendant committed the offense. See Manual § 7.1.
BODILY INJURY - This is physical pain, illness or any impairment of physical or mental condition, and is a term used in assault and other statutes. See Manual § 6.4 and C.R.S. § 18-1-901(3)(c).
BOND - The undertaking by the defendant and/or others binding the defendant to comply with the conditions of bail or, in the event of a default, to pay the amount of the bail. See C.R.S. § 16-1-104(5) and Manual, §§ 4.2, 4.7-4.10.
BOND COMMISSIONER - The employee of the court who interviews newly arrested persons and prepares a report for the purpose of assisting the court in setting the amount of bail and the type of bond.
BONDSMAN - An individual who will post bail for someone in jail for a fee that is a percentage (usually 15%) of the amount of bail. The bondsman may also require other security from the accused, such as co-signers or property.
BOOKING - The process of taking information, including fingerprints and photographs, about a person who is being arrested. The term also refers to that area of the jail where this information is obtained.
BURDEN OF PROOF - The duty of a party to a dispute to prove claims. In criminal cases, the prosecution has the burden of proof, and must prove the charges BEYOND A REASONABLE DOUBT. In civil cases, the Plaintiff has the burden of proof and must prove the allegations by a PREPONDERANCE OF THE EVIDENCE.
BURGLARY, FIRST-DEGREE - This occurs when a person enters unlawfully, or remains unlawfully after an entry, in a building or occupied structure with the intent to commit a crime, and assaults or menaces anyone or is armed with a deadly weapon. If the place that is burglarized is a pharmacy, or the object of the burglary is controlled substances, the crime is more serious. See Manual § 6.8 and C.R.S. § 18-4-202.
BURGLARY, SECOND-DEGREE - This occurs when a person breaks an entrance into, or enters unlawfully, or remains unlawfully after a legal or illegal entry, in a building or occupied structure with the intent to commit a crime. See Manual § 6.8 and C.R.S. § 18-4-203.
BURGLARY, THIRD-DEGREE - Breaking into a vault, safe, vending machine coin box or other apparatus. It is also illegal, and punishable as a class 5 felony under C.R.S. § 18-4-205, to commit the crime of possession of burglary tools. See Manual § 6.8 and C.R.S. § 18-4-204.
BUSINESS RECORDS - In evidence, certain records that meet certain reliability requirements as records normally and regularly kept in the ordinary course of a business can be admitted into evidence even if the person who made the record is not present to testify. See Manual § 13.7 and CRE 803(6).
CASE IN CHIEF - The case in chief is the prosecution or the defense presentation of their evidence and witnesses. The other side has the opportunity to cross-examine witnesses after this presentation. See Manual §§ 12.5 and 12.7.
CASE MANAGEMENT CONFERENCE - A conference between the court, the lawyers and the defendant in misdemeanor cases used in Boulder County to determine the state of negotiations and/or trial preparation in the case. See Manual § 7.2.
CASE MANAGEMENT ORDER - In civil cases, an order that summarizes the disputed and undisputed issues in a case, provides limits and time frames for further discovery that will occur, and sets out when other procedural requirements will be met and the trial will occur. See Manual § 8.9.
CHALLENGE FOR CAUSE - A demand that a prospective juror be excused from the jury which is based on one of the statutory grounds for challenges or on evidence that the juror cannot be fair and impartial in the case. See Crim. P. 24(b) and Manual, § 12.3.
CHARACTER - Character evidence is generally not allowed into evidence to prove that a person acted in conformity with his or her character. However, a witness or a defendant may sometimes put character into issue by raising it during testimony or examination. When this occurs, the opposing party is generally allowed to respond with other character evidence. See Manual § 13.5 and CRE 404 and 405.
CHARACTER FOR TRUTHFULNESS - The character of a witness for the limited trait of truthfulness is often at issue once the witness testifies. A party may often attack the truthfulness of a witness with evidence that the witness has a reputation for being untruthful or that some other witness is of the opinion that the first witness s untruthful. Once that occurs, the opposing party may usually offer evidence to rebut the claim. See Manual § 13.5 and CRE 608.
CHARGE - a formal written statement presented to a court accusing a person of the commission of a crime. The charge may be made by complaint, information or indictment. See C.R.S. § 16-1-104(6) and Manual § 4.1.
CHILD - For the purposes of the child abuse statute, child is defined as a person under sixteen. See Manual § 6.11. The definition may vary in other legal situations.
CHILD ABUSE - Child abuse is divided into several categories depending upon the degree of injury to the child and the state of mind of the perpetrator. The basic statute provides that a person commits child abuse if the person 1) causes an injury to a child, 2) permits a child to be unreasonably placed in a situation that poses a threat to the child's life or health, or 3) engages in a continuing pattern of conduct that results in malnourishment, lack of medical care, cruel punishment or an accumulation of injuries that results in the death of serious bodily injury to the child. The statute also outlaws genital mutilation of children. See Manual § 6.11 and C.R.S. § 18-6-401 et seq.
CHILD ABUSE RESULTING IN BODILY INJURY - Knowingly, recklessly or negligently causing BODILY INJURY to a child. See Manual § 6.11.
CHILD ABUSE RESULTING IN DEATH - In cases of child abuse resulting in death, the offense is a class 2 felony if the defendant acted knowingly or recklessly, and a class 3 felony if the person acted negligently. See Manual § 6.11.
CHILD ABUSE RESULTING IN NO INJURY - The offense is a class 2 misdemeanor if the person acted knowingly or recklessly, and a class 3 misdemeanor if the person acted negligently. See Manual § 6.11.
CHILD ABUSE RESULTING IN SERIOUS BODILY INJURY - In cases of child abuse resulting in serious bodily injury, the offense is a class 3 felony if the person acted knowingly or recklessly, and a class 4 felony if the person acted negligently. See Manual § 6.11.
CHILDREN'S CODE - Title 19 of the Colorado Revised Statutes is entitled Children's Code, and sets for the procedures governing juvenile proceedings. See Manual § 5.4.
CHILD SUPPORT - The financial support paid by one party in a divorce to the other party to share in the expenses of raising the parties' child(ren). The factors in determining child support include the incomes of the parties, the number of overnight visits allocated to each parent, and the costs for child care, health insurance and limited extraordinary expenses. Child support is determined by guidelines set out by the legislature and available at the home page of the Judicial department. See Manual § 10.3.
CHOICE OF EVILS - In criminal law, the defense that a person was justified in committing an offense because doing so avoided a greater harm. See Manual § 5.9 and C.R.S. § 18-1-702.
CIRCUMSTANTIAL EVIDENCE - Evidence from which another fact may be inferred. Generally, the law does not consider direct evidence any more or less compelling than circumstantial evidence; a jury may accept or reject either type. Juries in criminal cases are instructed that the law makes no distinction between direct evidence and circumstantial evidence.
CITY ATTORNEY - The attorney who prosecutes municipal ordinance violations, and who may be a full-time employee of the city attorney's office or part-time attorney who has contracted to prosecute municipal ordinance violations. See Manual § 5.6.
CLASS ACTION - A civil suit brought by a number of plaintiffs who have banded together to bring a similar claim or claims against one or more defendants. See Manual § 8.6.
CLOSING ARGUMENT - The final arguments in a trial during which the attorneys attempt to persuade the jury (or other fact-finder) to find in favor of the attorney's client. Closing arguments are not evidence. Unlike opening statements, attorneys are allowed to argue and to draw inferences from the facts during closing arguments. See Manual § 12.11.
COLLECTIONS COORDINATOR - An employee of the court clerk's office who sets up payment plans for the payment of court costs, fines and sometimes restitution.
COLORADO COURT OF APPEALS - This court takes appeals from the district court and consists of 16 judges appointed by the governor from names submitted by a nominating commission. The court sits in panels of three to hear particular cases. A party who is not satisfied with the resolution of the appeal by the Court of Appeals may appeal that decision to the Colorado Supreme Court. See Manual § 3.1.
COLORADO DEPARTMENT OF CORRECTIONS (DOC) - The state penitentiary system in which felony sentences are generally served. DOC has more than twenty facilities throughout the state. See Manual § 5.7.
COLORADO MUNICIPAL COURT RULES OF PROCEDURE (C.M.C.R.) - The procedural rules adopted by the Colorado Supreme Court that generally govern the procedures used in municipal courts. The Rules generally track the state court rules, but are simplified. The Rules are found in Volume 12 of the Colorado Revised Statutes.
COLORADO REVISED STATUTES (C.R.S.) - The statutes passed by the Colorado legislature and signed into law by the Governor or made law by an override of the Governor's veto. All crimes are defined in the C.R.S.
COLORADO RULES OF CIVIL PROCEDURE (C.R.C.P.) - The rules passed by the Colorado Supreme Court to govern the procedures used in the Supreme Court, the court of appeals and the county courts of Colorado. The C.R.C.P. may be found in Volume 12 of the Colorado Revised Statutes.
COLORADO RULES OF CRIMINAL PROCEDURE (Crim. P.) - The rules adopted by the Colorado Supreme Court which generally govern the procedures used in criminal cases in state court. These rules may be found in Volume 12 of the Colorado Revised Statutes.
COLORADO RULES OF EVIDENCE (CRE) - The rules adopted by the Colorado Supreme Court which govern the introduction of evidence in trials in Colorado state courts. The CRE may be found in Volume 12 of the Colorado Revised Statutes. See Manual § 13 generally; the CRE are set out in § 13.11.
COLORADO RULES OF PROFESSIONAL CONDUCT (C.R.P.C.) - The ethical rules for persons practicing law in Colorado. These rules may be found as an Appendix to Chapters 18 - 20 of the Colorado Rules of Civil Procedure in Volume 12 of the Colorado Revised Statutes.
COLORADO SUPREME COURT - This is the state's highest court. It serves as the final arbiter of all questions relating to the Colorado Constitution and the interpretation of the law of the state of Colorado, subject only to federal constitutional rights as established by the United States Supreme Court. Seven justices sit on the court, appointed by the Governor from a list of names sent to the governor by the Supreme Court Nominating Commission. The justices are subject to retention elections every 10 years. See Manual §§ 3.1, 5.1.
COMMUNITY CORRECTIONS - This term refers to the various of community-based facilities to which criminal offenders may be sent as a condition of probation, as a direct sentence, or as part of a parole plan. The term also refers to the agency which is responsible for preparing reports and recommendations as to bond for arrestees as well as for supervising certain bond conditions and certain probation conditions. A community corrections facility is sometimes referred to as a halfway house. See Manual §§ 7.7 and 5.7
COMMUNITY SERVICE WORK - See USEFUL PUBLIC SERVICE.
COMPETENCY, COMPETENCE - A person must be competent before the person can be tried on criminal charges. A person is not competent to proceed (incompetent) if the person if the person suffers from a mental disease or defect that renders him or he incapable of understanding the proceedings or of assisting in his or her defense. See C.R.S. § 16-8-102(3).
COMPETENT - A witness is competent to testify if the witness is able to adequately perceive, remember and relate the event about which the witness is being questioned. See Manual § 13.5.
COMPLAINT - The written statement charging an offense. In most misdemeanors, this is simply the ticket. The complaint may also serve as a summons. See C.R.S. § 16-1-104(7). The filing of a complaint is governed by C.R.S. § 16-2-101 et seq. See Manual § 5.3. In civil cases, the document which states the claims brought by the plaintiff. See Manual § 8.3.
COMPLICITY - A person is liable under a complicity theory if he or she, with the intent to commit a crime, aids or encourages another person in the commission of the crime. See C.R.S. § 18-1-603.
CONDEMNATION - The process by which the property of a private owner is taken for public use with compensation paid to the owner by the government under the power of eminent domain. See Manual § 10.7.
CONDUCT - Conduct means an act or omission and its accompanying state of mind or, where relevant, a series of acts or omissions. See Manual § 6.1 and C.R.S. § 18-1-501.
CONSENSUAL ENCOUNTER - An encounter between the police and an individual that occurs through the consent of the individual rather than the force of the police. See Manual § 7.4.
CONSENT - Consent means cooperation in the acts or attitudes pursuant to the exercise of free will and with knowledge of the nature of the act. It is a defense to certain criminal charges. See Manual §§ 5.9 and 6.7 and C.R.S. § 18-3-401(1.5).
CONSERVATION EASEMENT - An agreement between a property owner and another party whereby the property owner agrees to restrictions on the use of the property. That provides tax benefits to the property owner. See Manual §10.7.
CONSPIRACY - A conspiracy is an agreement between two or more people to engage in, or to attempt to engage in, conduct that constitutes a crime, or to aid a person or persons in the planning or commission of a crime, or of an attempt to commit such crime. See Manual § 6.2 and C.R.S. § 18-2-201(1).
CONTRIBUTING TO A DELINQUENCY OF A MINOR - Contributing to the delinquency of a minor occurs when a person "induces, aids, or encourages a child to violate" any law. For the purposes of this section, "child" means any person under 18. Contributing to the delinquency of a minor is a class 4 felony. See Manual § 6.11 and C.R.S. § 18-6-701.
CO-PETITIONER - When a husband and wife both want to file for divorce, they may do so jointly. One of them is called the PETITIONER and the other is referred to as the co-petitioner. See Manual § 10.3.
COPYRIGHT - A way to protect a work of art from being improperly appropriated or used by someone other than its creator. See Manual § 10.4.
CO-SIGNED PERSONAL RECOGNIZANCE BOND - See PERSONAL RECOGNIZANCE BOND.
COUNTERCLAIMS - Claims filed by a Defendant who has been sued in a civil case, made in response or in addition to the claims made by the Plaintiff. See Manual § 8.5.
COUNTY COURT - A County Court has jurisdiction over certain disputes occurring within the county, and arising under state law. County courts have jurisdiction over misdemeanor and traffic offenses, some preliminary matters in felony offenses, and civil disputes that involve claims of less than $15,000. See 3.1.
COUNTY JAIL - Each county operates a jail, run by the sheriff's department. Misdemeanor sentences are generally served in the county jail. Person awaiting trial are generally held in the county jail. See Manual § 5.7.
COURT APPOINTED SPECIAL ADVOCATE (CASA) - A person, usually an attorney or a therapist, appointed by the Court in divorce cases, who evaluates the best interests of any minor children and makes recommendations as to decision-making allocation and parenting time schedules. See Manual § 5.4.
COURT COSTS - The costs imposed in every case in which there has been a conviction or a guilty plea. Court costs are currently $16 in County Court misdemeanor cases. There are also various fees imposed in many cases, particularly alcohol related traffic offenses. Court costs are higher in district court criminal cases and in all civil cases. See Manual § 9.4.
CRIME OF VIOLENCE - This is a category of crimes that creates significant extra risks to crime victims and citizens generally. A finding that a person has committed a crime of violence allows the court - sometimes requires the court - to sentence the person to a longer sentence than would have otherwise applied. See Manual §§ 6.8 and 7.7
CRIMINAL DEFENSE LAWYER - An attorney who represents person charged with crimes. Many criminal defense lawyers work for the Office of Public Defender and represent persons who cannot afford to hire their own attorney. See Manual § 3.2.
CRIMINAL JUSTICE ACT - The federal legislation that provides for the appointment and payment of private attorneys who have agreed to handle criminal cases when the person accused cannot be represented by the federal public defender due to some type of conflict of interest. In state court, these cases are handled by the Office of Alternate Defense Counsel. See Manual § 3.3.
CRIMINAL IMPERSONATION - This crime occurs when a person knowingly assumes a false or fictitious identity and in such capacity, performs an act to benefit himself or that has the effect of harming another person. See Manual § 6.10 and C.R.S. § 185-113.
CRIMINAL LAW - This is the body of law establishing criminal offenses. See Manual § 5.1.
CRIMINAL MISCHIEF - Criminal mischief occurs when a person knowingly damages the real or personal property of another person. The seriousness of the crime turns on the amount of damage caused. See Manual § 6.8 and C.R.S. § 18-4-501.
CRIMINAL NEGLIGENCE - A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists. See C.R.S.§ 18 - 501(3).
CRIMINALLY NEGLIGENT HOMICIDE - Criminally negligent homicide occurs when one negligently causes the death of another person. This is a Class 5 felony. See Manual § 6.3 and C.R.S. § 18-3-105
CRIMINAL PROCEDURE - This is the body of law establishing the methods by which alleged violations of the criminal law are prosecuted. See Manual § 5.1.
CROSS-EXAMINATION - The process of asking questions of a witness who has been called by the opposing party. The questions may be leading (or those that suggest the answer) but must only cover topics discussed in the scope of direct examination. See Manual §§ 4.8, 12.5 and 13.1, and CRE 611.
CULPABLE MENTAL STATE (Mens Rea) - The culpable mental state is the state of mind with which a person must be acting before that person can be held criminally liable for an act. Most crimes define both the act and the culpable mental state that is required for the commission of the crime. See Manual § 6.1.
CUSTODY - In criminal cases, the restraint of a person's freedom in any significant way, generally synonymous with arrest. See C.R.S. § 16-1-104(9). In divorce cases, the term is often used to describe which parent is responsible for the care of any children at various times following the divorce. See DECISION-MAKING RESPONSIBILITY.
DAMAGES - The losses suffered by a party. See Manual § 8.14.
DAY REPORTING - A form of monitoring someone who is serving a sentence. The person is required to report daily to the jail or some other supervising agency, and may be required to submit to random and/or regular urinalyses or breath tests as well as other conditions, as a method of serving a sentence to the county jail. There is a charge for day reporting. See Manual § 7.7.
DECISION-MAKING RESPONSIBILITY - The method - agreed to by the parties or ordered by the Court - to determine how the parties will make religious, health and educational decisions about their children. Parties may choose to make such decisions jointly, solely or adopt some form of split decision making with each parent taking responsibility for an area of decision-making. See Manual § 10.3.
DECLARANT - In evidence, the person making a statement. If the declarant is not present to testify, any statements made by the declarant will be governed by the rules relating to HEARSAY. See Manual § 13.7 and CRE 801(b).
DECREE OF DISSOLUTION - The order of the Court finalizing a dissolution action. See Manual § 10.3.
DEED - A legal document by which ownership in real property is conveyed. See Manual § 10.7.
DEED OF TRUST - A form of MORTGAGE that creates the lien on property held by the party financing the property. See Manual § 10.7.
DEFENDANT - In a criminal case, the person accused of committing a crime. See Manual § 3.2. In a civil case, the person or entity accused of committing some harm to another. See manual § 8.1 and 8.3.
DEFERRED JUDGMENT/DEFERRED SENTENCE - A negotiated settlement of a criminal case in which the defendant waives his or her trial-related rights and pleads guilty to the charge, but is not officially convicted or sentenced. The defendant is placed under supervision with various conditions for a set period of time. A revocation of a deferred judgment resulting from a violation of these conditions results in formal conviction and imposition of sentence. See C.R.S. § 16-7-401 et seq. and Manual § 4.5.
DEFERRED PROSECUTION - A plea bargained settlement under which the prosecutor agrees to postpone prosecution for a specified period of time, often conditioned on the defendant meeting certain requirements. The defendant waives only his or her right to speedy trial. A violation of these requirements results in the prosecution re-commencing. See C.R.S. § 16-7-401 et seq. and Manual § 4.5.
DEFERRED SENTENCE- See Deferred Judgment.
DEMONSTRATIVE EVIDENCE - Evidence used by attorneys on court to help explain event to a jury or other fact-finder. Distinguished from 'real evidence' which is actual evidence of a crime or claim, e.g., the murder weapon or the defective product. See Manual § 13.8.
DEPARTMENT OF MOTOR VEHICLES - D.M.V. - The state agency which regulates drivers' licenses. D.M.V. hearings relating to the suspension or revocation of licenses are conducted by administrative hearing officers of the D.M.V. These hearings, which are civil in nature, can have serious repercussions to the license status of a driver. See Manual § 6.16.
DEPOSITION - A procedure commonly used in civil cases, and rarely used in criminal cases, in which a witness can be questioned under oath in advance of trial about the subject matter of the dispute. See Manual § 8.11.
DETAINER - A notice to a jail or penitentiary that is holding a person in custody that another jurisdiction seeks custody of the person and that the jail or penitentiary should not release the person.
DIRECT APPEAL - The request that an appellate court review the decisions of the trial court for error. Generally, the parties to a lawsuit have the right to a direct appeal from the trial court. See Manual § 14.2.
DIRECT EVIDENCE - Actual evidence of a fact; e.g. "I saw it snowing." Distinguished from 'circumstantial evidence' e.g., When I went to sleep there was no snow in the yard, but when I woke up there was. Generally, the law does not consider direct evidence any more or less compelling than circumstantial evidence; a jury may accept or reject either type.
DIRECT EXAMINATION - The party calling a particular witness conducts a direct examination of that witness. The attorney may ask questions on any relevant matter but must ask them in a non-leading manner, meaning the questions themselves do not suggest the answer. See Manual §§ 4.8, 12.5 and 13.1, and CRE 611.
DIRECT FILLING - Title 19 of the C.R.S. provides that a prosecutor may bypass juvenile court and file charges against a juvenile directly in adult court, and have the case treated as an adult case, if the child is fourteen or older and is alleged to have committed a class 1 or 2 felony, a crime of violence, certain weapons-related offenses or certain other offenses, or if the child has been adjudicated delinquent for felonious behavior within the past two years and is alleged to have committed certain types of crimes. See Manual § 5.4 and C.R.S. § 19-2-517. A prosecutor in an adult case may file directly in district court, even if the case has been dismissed in county court, upon a showing that new evidence exists or other good cause exists for a re-filing. See Manual § 7.1.
DISCLOSURE - A term often used to refer to the discovery requirements applicable to the defendant in a criminal case. See Crim. P. 16(II).
DISCOVERY - In criminal cases, the police reports, witness statements, test results and other information in the hands of the prosecutor relating to the criminal case. This information is normally obtainable without problem from the prosecutor. See Manual § 7.5 and Crim.P.16. In civil cases, the process by which the parties provide information to each other about their respective cases. See Manual § 8.8.
DISCRETIONARY APPEAL - An appeal that an appellate court can choose to hear or not, at its discretion. Generally, after one appeal has been made, further appeals are discretionary with the appellate court. See Manual § 14.2.
DISPOSITION - The settlement of a case. Also, the court hearing at which the settlement is proposed to the judge for formal approval. See Manual § 9.1.
DISPOSITIONAL HEARING - A hearing, held in certain felony cases, at which defense counsel and the prosecutor attempt to settle charges through negotiation. See Manual § 7.1.
DISSOLUTION OF MARRIAGE - The statutory term for divorce, governed under Title 14, Article 10 of the Colorado Revised Statutes. Dissolution is a legal framework allowing two parties to sever all financial and child-related aspects of their marital relationship. See Manual § 10.3.
DISTRICT ATTORNEY - The District Attorney is elected by the citizens of the particular judicial district. A judicial district may contain more than one county. The District Attorney severs four-year terms and, under Colorado's term limits law, may only serve three terms. See Manual § 3.3.
DISTRICT COURT - The district courts in Colorado are the trial courts that adjudicate the more serious disputes arising under state law. District courts have jurisdiction over criminal offenses that have been designated as felonies, and over divorces, probate matters, juvenile matters and all civil matters in which the claims exceed $15,000. See Manual § 3.1.
DIVISION CLERK - The staff person assigned to a particular judge who works in the judge's chambers and is responsible for scheduling, paperwork and the like. Distinguished from the general COURT CLERK who works in the main clerk's office and has broader responsibilities for several, or all, divisions.
DOCKET - The list of cases a court is hearing on a particular day. The docket is often found outside the courtroom as well as in a central location in the courthouse.
DOMESTIC VIOLENCE - Domestic violence includes acts and threats of violence against an intimate partner, and also "any other crime against a person or against property … when used as a method of coercion, control, punishment, intimidation or revenge directed against a person with whom the actor is or has been involved in an intimate relationship." See Manual § 6.5.
DOUBLE JEOPARDY - The constitutional rule that a person may not be prosecuted for an offense more than once.
DRIVING UNDER THE INFLUENCE - D.U.I. - The most commonly filed alcohol related traffic offense. A conviction requires proof that the driver was incapable of safely operating a motor vehicle due to the consumption of alcohol or drugs, or some combination of alcohol and drugs. See Manual § 6.16 and C.R.S. § 42-4-1202(1)(a).
DRIVING UNDER THE INFLUENCE PER SE - A traffic offense that makes it illegal to drive with a blood alcohol content greater than .10% at the time of driving or with two hours thereafter. This offense is formally known as Driving With Excessive Alcohol Content, or D.W.E.A.C. See Manual § 6.16 and C.R.S. § 42-4-1202(1.5).
DRIVING UNDER RESTRAINT (DUR) - A person who drives after his or her license is revoked, suspended or denied is guilty of the crime of D.U.R. D.U.R carries more serious penalties for repeat offenders and for those whose licenses were revoked due, in whole or in part, to alcohol related offenses. See C.R.S. § 42-2-138 and Manual § 6.16.
DRIVING WHILE ABILITY IMPAIRED - D.W.A.I. - A traffic offense that is committed when a person consumes alcohol and/or drugs and is therefore less able, even to the slightest degree, to safely operate a motor vehicle. D.W.A.I is a less serious offense than D.U.I. and carries fewer points against a driver's license and less serious penalties upon conviction. See C.R.S. § 42-4-1202(1)(b) and Manual § 6.16.
DRIVING WITH EXCESSIVE ALCOHOL CONTENT - See DUI PER SE.
DUE PROCESS - The constitutional requirement that every criminal defendant be given certain rights by the government when accused of a crime.
DURESS - In criminal law, a claim that a defendant should not be held responsible for his actions because unlawful force that would have overwhelmed a reasonable person was used against the defendant. See Manual §5.9 ad C.R.S. § 18-1-708.
EASEMENTS - An interest in real property that permits a use for a specific purpose or even limits the property owners use of his or her property. See Manual § 10.7.
ECONOMIC DAMAGES - In civil cases these damages include past and future lost wages, impaired earning capacity, medical and rehabilitation and life care costs and certain past and future out-of-pocket expenses. See Manual § 10.5.
EIGHTH AMENDMENT - The amendment to the United States Constitution that bans cruel and unusual punishment and excessive bail.
ENTICEMENT OF A CHILD - Enticement of a child occurs when a person invites or persuades, or attempts to invite or persuade, a child under fifteen to go to a car, building, room or secluded place for the purpose of unlawful sexual contact with the child. See Manual § 6.6 and C.R.S. § 18-3-305.
EXCITED UTTERANCE - In evidence, an excited utterance is a statement made by a person about some stressful event while the person is still under the stress of that event. Because these sorts of statements are considered reliable, these statements can be admitted into evidence even if the person who actually made the statement does not testify in court. See Manual § 13.7 and CRE 803(2).
EXCEPTIONAL CIRCUMSTANCES - Facts which justify a court in imposing a sentence outside of the PRESUMPTIVE RANGE of sentence for that offense. Generally, a finding of exceptional circumstances doubles the sentencing range. See Manual §§ 5.7 and 7.7.
EXCLUSIONARY RULE - The rule that illegally seized evidence should not be admitted at trial. The purpose of the rule is to deter future misconduct by the authorities. See Manual §7.4.
EXHIBITS - Exhibits are the documents, photographs, or other tangible items, including direct evidence such as the murder weapon or the defective product that are admitted into evidence. Once an item is admitted as an exhibit, the jury may have access to it and take it into the jury room during deliberations. See Manual §§ 12.5 and 13.8.
EX PARTE - Out of the presence of the other party.
EXPECTATION OF PRIVACY - The constitutional principle that society should protect private persons from unwarranted intrusions by the government. See Manual § 7.4.
EXPERT WITNESSES - Expert witness are witnesses who have specialized knowledge based on their education, training, skill or experience. Once a witness has been qualified as an expert, the witness is allowed to give an opinion on topics within the area of expertise. See Manual § 13.6 and CRE 702, 703, 704, 705 and 706.
EXPRESS CONSENT LAW - The statute authorizing the D.M.V. to revoke the license of anyone driving in Colorado who either refuses to take, or takes and fails, a chemical test for the presence of alcohol. A hearing held to resolve these issues is called an express consent hearing. It is a civil administration proceeding separate and distinct from the criminal prosecution of the D.U.I. offense. See C.R.S. § 42-2-126 and Manual § 6.16.
EXTRADITION - The process of giving custody of a prisoner to authorities in another state. See C.R.S. § 16-19-101 et seq.
EXTRAORDINARY RISK (ER) CRIMES - Certain offenses have been declared to be ER crimes. The upper end of the presumptive range of sentence is increased as to these crimes. See Manual §§ 5.7 and 7.7.
EXTREME INDIFFERENCE - When defining the various ways that a person can commit first-degree murder, this term means knowingly engaging in conduct that creates a grave risk of death to another and causing the death of another. See Manual § 6.3.
FALSE IMPRISONMENT - This is a misdemeanor variation of kidnapping. False imprisonment occurs when a person knowingly confines or detains another person without lawful justification. False imprisonment is a class 2 misdemeanor. See Manual § 6.6 and C.R.S. § 18-3-303.
FEDERAL PUBLIC DEFENDER - The defense of criminal cases in federal court of persons who cannot afford to hire their own lawyer is generally handled by the office of federal public defender, which is composed of criminal defense lawyers paid by the federal government to perform this function. See Manual § 3.
FEDERAL RULES OF CIVIL PROCEDURE - The rules passed by the United States Supreme Court and adopted by Congress to govern the process of settling civil disputes in federal district court. See Manual §§ 5.8 and 8.2.
FEE SIMPLE - The broadest form of property ownership. Establishing complete rights in the property. See Manual § 10.7.
FELONY - An offense punishable by a sentence to the Colorado Department of Corrections (prison). Crimes are designated as felonies, misdemeanors or petty offenses by the state legislature. There are currently six classes of felonies in Colorado. See Manual §§ 5.7 and C.R.S. § 18-1-105.
FIFTH AMENDMENT - The amendment to the United States Constitutions that creates the protections of DOUBLE JEOPARDY, DUE PROCESS AND SELF-INCRIMINATION.
FINAL DECREE - The final order in a divorce case that dissolves the marriage and establishes the division of property, costs and debts, and establishes the parenting plan for any children. See Manual §10.3.
FORCIBLE ENTRY AND DETAINER (FED) - An eviction action by a landlord seeking to get a tenant out of the rented property. See Manual § 10.7.
FORECLOSURE - A court proceeding instituted by the holder of a MORTGAGE or LIEN creditor against real property which seeks to terminate the rights of the owner in the property. See Manual § 10.7.
FOREPERSON - The juror selected by the jury to preside over deliberations and report back to the court. See Manual § 12.12.
FORGERY - Forgery occurs when a person, acting with intent to defraud, falsely makes, completes, alters or utters a written instrument that is, or that is purported to be, a check. The forgery statute actually includes a large number of other written instruments, such as government or corporate obligations, commercial instruments, wills, etc., but check forgery is the most common form of forgery. See Manual § 6.10 and C.R.S. § 18-5-102.
FORMER TESTIMONY - The CRE allow into evidence certain testimony previously given by a witness under oath if the opposing party was able to examine the witness, even if the witness does not testify at the trial. See CRE 804(b)(1).
FOUNDATION - In evidence, this term refers to the information that must be presented to the trial judge before a witness can be qualified as an expert, an exhibit can be admitted into evidence, or to other introductory matters. See CRE 702 and 901.
FOURTH AMENDMENT - "The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." It is this constitutional provision that bars the introduction of illegally seized evidence. See Manual § 7.4.
FRUIT OF THE POISONOUS TREE - The principle that if evidence is seized illegally, not only should that evidence be barred at trial, but other evidence obtained as a result of the illegal seizure should also be barred. See Manual § 7.4.
GOOD FAITH EXCEPTION - The principle that evidence seized illegally may nonetheless be admitted if the police officer who committed the improper behavior did so in a good faith but mistaken belief that his or her actions were acceptable. See Manual § 7.4.
GRAND JURY - A group of citizens, called and selected by the court and a prosecutor to investigate a potential crime. The prosecutor presents evidence to the grand jury, and the grand jury may subpoena and call witnesses themselves. Grand juries are not frequently used by state prosecutors but are quite common in federal court. See Manual § 4.1.
GUARDIAN AD LITEM (GAL) - In either juvenile or divorce proceedings, a person appointed by the court to act in the best interests of a child who is involved in the proceedings, usually because the parents are not able or willing to perform that function. See Manual §§ 5.4 and 10.3.
GUILTY PLEA- A formal admission of guilt by the defendant in front of the judge. The requirements of a proper guilty plea are set out in Crim.P.11 and C.R.S. § 16-7-207(2). The discussion between the judge and the accused at the time the guilty plea is taken is called the PROVIDENCY HEARING. See Manual § 4.6.
HABITUAL TRAFFIC OFFENDER - A driver who has received a certain number and type of convictions pursuant to C.R.S. § 42-2-202. The license of such a driver is then revoked for five years. Driving after such a revocation is more serious than D.U.R. See Manual § 5.5.
HALFWAY HOUSE - See COMMUNITY CORRECTIONS.
HARBORING A MINOR - This offense is committed when a person knowingly shelters a minor without the consent of the minor's parent or guardian, and fails to release the child to law enforcement upon request, fails to disclose the location of the child upon proper request, obstructs law enforcement from taking the minor into custody, helps the minor avoid being taken into custody or fails to notify the parent or guardian that the minor is being sheltered within twenty-four hours. See Manual § 6.11 and C.R.S. § 18-6-601.
HARMLESS ERROR - Error that did not affect the outcome of the trial or other proceeding. A harmless error will not justify a reversal on appeal. See Manual § 14.2.
HEARSAY - In evidence, a statement other than one made by the witness who is actually testifying, e.g., a witness who testifies "I heard Bob say that …" It is generally not proper to allow these statements into evidence to prove the truth of the out of court statement. See Manual § 13.7 and CRE 801 and 802.
HEARSAY EXCEPTIONS - There are a number of exceptions to the general ban on hearsay described above. These exceptions are mostly based on considerations of reliability. See Manual § 13.7 and CRE 803, 804 and 807.
HOLD - A request from another agency that a prisoner not be released until a bond from the other jurisdiction is posted, or the prisoner is turned over to the demanding agency.
HOME DETENTION - A manner of serving a jail sentence that allows the offender to be electronically hooked up to a telephone and serve the jail sentence at home. Home detention must be approved by the sentencing court and there are a number of requirements which must first be met. See Manual, § 7.7.
IMPAIRED MENTAL CONDITION - A disease or defect of mind that is grossly abnormal and prevents a person from forming the culpable mental state that is an element of the offense charged. See Manual §5.9 and C.R.S. § 18-6-102(2.7).
IN CAMERA - In the judge's chambers.
INCEST - Incest occurs when a person marries or subjects to sexual contact an ancestor, descendant, whole or half sibling, or an uncle, aunt, niece or nephew of the whole blood. Incest is a class 4 felony. See Manual § 6.11 and C.R.S. § 18-6-301.
INCHOATE OFFENSES - Three inchoate offenses exist - attempt, conspiracy, and solicitation. These offenses are called inchoate offenses because they are, in some fashion, uncompleted offenses by themselves. See Manual § 6.2.
INCIDENT TO ARREST EXCEPTION - Evidence that is seized as part of the process of properly arresting someone may be admitted in evidence even if no search warrant was obtained to seize that evidence. See Manual § 7.4.
INCOMPETENCY - A person must be competent before the person can be tried on criminal charges. A person is incompetent if the person if the person suffers from a mental disease or defect that renders him or he incapable of understanding the proceedings or of assisting in his or her defense. See C.R.S. § 16-8-102(3)
INDECENT EXPOSURE - Indecent exposure is committed when a person knowingly exposes his genitals to the view of another person under circumstances in which the exposure is likely to affront or alarm the other person. Second and subsequent convictions, and convictions where the victim is under fifteen, are punished more severely. See Manual § 6.12 and C.R.S. § 18-7-302.
INDICTMENT - A criminal charge filed by a grand jury. Indictments are common in federal court but are rarely used in Colorado. See Manual § 4.1 and C.R.S. § 16-5-201 et seq.
INDUCEMENT OF CHILD PROSTITUTION - Inducement of child prostitution occurs when a person, by either words or actions, induces a child to engage in prostitution. See Manual § 6.12 and C.R.S. § 18-7-405.5.
INEVITABLE DISCOVERY EXCEPTION - Evidence that would have inevitably been discovered by the police during their investigation may be admitted even if the evidence was improperly seized. See Manual § 7.4.
INFORMATION - A criminal charge filed by the district attorney. This is the most common method of filing felony charges in Colorado. See Manual § 4.1 and C.R.S. §§ 16-1-104(12) and 16-5-201 et seq.
INFRACTION - Certain minor traffic offenses are classified as non-criminal infractions. These matters are heard by a magistrate rather than a judge, and the rules of procedure and evidence are significantly simplified. See C.R.S. § 42-4-1501 and Colorado Rules For Traffic Infractions (C.R.T.I.) in Volume 12 of the Colorado Revised Statutes.
INJUNCTION - A court order requiring a defendant either to do something or refrain from doing something. See Manual § 8.10.
INSANITY - A person is not guilty by reason of insanity if, at the time of the commission of the offense he or she is incapable of distinguishing right from wrong. See Manual §5.9 and C.R.S. 16-8-101.
INTELLECTUAL PROPERTY The thoughts, ideas and creations that the law seeks to protect for the benefit of the person or entity that created them. See Manual § 10.4.
INTENTIONALLY - A person acts intentionally when his conscious objective is to cause the result proscribed by the statute defining the offense. C.R.S. § 18-1-501(5).
INTENSIVE SUPERVISION PROBATION (ISP) - A form of probation that is more rigorous, in terms of conditions and supervision, used with persons on probation who are deemed to be a higher risk than typical. See Manual § 7.7.
INTERROGATORIES - Written questions sent by one party in a civil suit to the other party, which the party receiving them must answer under oath. See Manual § 8.11.
INTIMATE PARTS - A term used in defining certain sex offenses, intimate parts is defined as the external genitalia or the perineum or the anus or the buttocks or the pubis or the breast of any person. See Manual § 6.7 and C.R.S. § 18-3-401(2).
INTIMATE RELATIONSHIP - A term used in defining certain domestic violence offenses, intimate relationship means a relationship between "spouses, former spouses, past or present unmarried couples, or persons who are both parents of the same child." See Manual § 6.4.
INTOXICATION - The state of being under the influence of alcohol or drugs or both, that may be a defense to certain criminal charges is limited situations. See Manual § 5.9.
INVENTORY SEARCH - Evidence seized by the police after they have taken a person or object into custody as part of a regular inventory of the belongings may be introduced even if no search warrant was obtained to seize the evidence. See Manual §7.4.
INVOLUNTARY - Not the product of free will. An involuntary statement is unreliable as it was given under duress or coercion and therefore may not be admitted at trial. Similarly, involuntary consent will not be considered valid. See Manual § 7.4.
IRRETRIEVABLE BREAKDOWN - The standard applied by the Court in determining whether a divorce may be granted. If one party denies that the marriage is irretrievably broken, the court will make its own finding. This standard replaces previous grounds for divorce such as adultery, desertion and cruelty. See Manual § 10.3.
JOINDER - The act of combining either defendants (C.R.S. § 18-2-202) or charges (C.R.S. § 18-1-408) into one prosecution. See Crim. P. 8.
JOINT TENANCY - A form of co-ownership of property, commonly used by married persons or family members, in which the surviving owner gets the rights of the deceased owner. See Manual § 10.7.
JUDICIAL NOTICE - In evidence, judicial notice occurs when a judge recognizes that a particular fat is so universally known and accepted that the parties need not present evidence on that fact. See Manual § 13.2 and CRE 201.
JURISDICTION - The authority of a court to hear a particular type of case or to issue orders against a particular person or entity. For example, a county court has jurisdiction over misdemeanor offenses but not over divorces or civil actions demanding more than $15,000. For civil cases, see Manual § 8.3.
JURY - The persons selected by the lawyers and the judge to hear the evidence in a legal dispute, make findings of fact, apply the law to the facts, and render a decision.
JURY INSTRUCTIONS - The instructions of law read to the JURY during a trial by the judge. Books containing pattern jury instructions exist for both civil and criminal cases. See Manual §§ 8.2 and 12.10.
KEEPING A PLACE OF PROSTITUTION - This is a class 2 misdemeanor. See Manual § 6.12.
KIDNAPPING, FIRST-DEGREE - First-degree kidnapping is committed when a person who seeks concessions in to release the person either a) forcibly seizes and carries any person from one place to another, b) entices or persuades any person to go from one place to another or c) imprisons or forcibly secretes any person. See Manual § 6.6 and C.R.S. § 18-3-301.
KIDNAPPING, SECOND-DEGREE - Second-degree kidnapping is committed in either of two ways: knowingly seizing and carrying any person from one place to another, or, taking or enticing a child with the intent to keep the child from the child's parents or the intent to sell or trade the child. See Manual § 6.6 and C.R.S. § 18-3-302.
KNOWINGLY - A person acts knowingly when he is aware that his conduct is of such nature. C.R.S. § 18-1-501(6).
LEADING QUESTIONS - In evidence, questions that suggest the answer. Generally, leading questions are not allowed during direct examination, but are allowed during cross-examination. See Manual § 13.1
LESSER INCLUDED OFFENSES- Offenses which are completely included in another offense except that they have some less serious component. For example, D.W.A.I. is a lesser included offense of D.U.I. because all of the elements of the two offenses are identical except that DUI requires a higher level of intoxication than does D.W.A.I.
LIEN - A charge against or interest in property to secure payment for the property. See Manual § 10.7.
LONG-ARM STATUTE - The statute that gives a court jurisdiction over certain persons or entities that may not be physically located n the state of Colorado. See C.R.S. § 13-1-124 and Manual § 8.3.
MAGISTRATES are empowered to assist district court judges, particularly in more populous jurisdictions, by acting as a judge in almost all matters except for jury trials. See Manual § 3.1
MAINTENANCE - The payments made by one spouse to the other, to help the spouse get back on his or her feet, obtain education or maintain the lifestyle to which the family had become accustomed. Maintenance was formerly known as alimony. See Manual § 103.
MANDATORY ARREST - The legislature has made a decision that domestic violence cases require the arrest of the alleged perpetrator. C.R.S. § 18-6-803.6 requires a police officer who has probable cause to arrest a person for an act of domestic violence to arrest that person.
MANDATORY RESTRAINING ORDER - When a person is charged with a domestic violence crime, the bond includes a mandatory restraining order forbidding the defendant from having any sort of contact with the alleged victim. See Manual § 6.5.
MANSLAUGHTER - Manslaughter is committed if a person recklessly causes the death of another person, or intentionally causes or aids another person to commit suicide. Manslaughter is a class 4 felony. See Manual § 6.3 and C.R.S. § 18-3-104.
MARITAL PROPERTY - All property acquired by either spouse during the time of the marriage is presumed to be marital property, regardless of how title to the property is held. Marital property also includes any increase in value in separate property. See Manual § 10.3.
MEDIATION - A dispute- resolution process in which the parties hire an impartial third party who is trained to help the parties settle their dispute. See Manual § 10.1.
MENACING - Menacing is placing or attempting to place another person in fear of imminent serious bodily injury through threat or physical action. See Manual § 6.6 and C.R.S. § 18-3-206.
MIRANDA - A case, titled Miranda v. Arizona, that established the rule that police officers who wish to question a suspect who is in custody must first advise the suspect of his or her constitutional rights. See Manual § 7.4.
MISCHIEF - See CRIMINAL MISCHIEF.
MISDEMEANOR - An offense punishable by a sentence to the county jail as opposed to a prison sentence. Crimes are designated as felonies, misdemeanors or petty offenses by the state legislature. There are currently three classes of misdemeanors in Colorado. See C.R.S. § 18-1-106 and Manual § 5.5.
MISTAKE OF FACT - A defense to criminal charges that is based on a mistaken factual belief by a defendant. See Manual § 5.9 and C.R.S. § 18-1-504.
MISTAKE OF LAW - A defense to criminal charges that is based on a mistaken belief by a defendant that certain conduct is legal. See Manual § 5.9 and C.R.S. § 18-1-504.
MISTRIAL - A mistrial occurs when a trial must be terminated before its conclusion. This may occur if improper evidence is admitted, or a witness or party gets sick or for a variety of other reasons. See Manual § 12.13.
MITTIMUS - The court's official sentencing order in written form. Often called a "mitt."
MORTGAGE - An agreement creating an interest in real property that secures payment of some obligation or performance of some duty. See Manual § 10.7.
MOTION FOR JUDGMENT OF ACQUITTAL - A motion made by a criminal defendant after the prosecution has presented its case, asking that the charge be dismissed. See Manual § 12.6.
MOTOR VEHICLE - This term of art is defined in C.R.S. § 42-1-102(58).
MOTOR VEHICLE DIVISION (DMV) - The state agency responsible for issuing and regulating drivers' licenses in Colorado.
MUNICIPAL CODE - Rules that apply within the city limits or a particular municipality. Municipal elections, zoning, parks, land-use, business licensing and minor traffic and criminal matters are all topics that are typically covered. See Manual §§ 3.7 and 5.6
MUNICIPAL COURTS - have jurisdiction over disputes that arise within the geographical boundaries of a particular city under that city's municipal code. See Manual §§ 3.1 and 3.7
MUNICIPAL COURT JUDGES - Municipal ordinance violations are presided over by municipal court judges, who may be either full or part-time and who are generally appointed by the city council for the particular municipality. See Manual §§ 3.7 and 5.6.
MURDER, FIRST DEGREE- The most common variation of first-degree murder requires proof that the defendant, after deliberation and with the intent to cause to the death of another person, cause the death of that other person or another person. Five variations of the crime are spelled out in the statute. The punishment for a class 1 felony is execution or life in prison without the possibility of parole. See Manual § 6.3 and C.R.S. § 18-3-102.
MURDER, SECOND-DEGREE - Second-degree murder is committed when a person knowingly causes the death of another person. Generally, second-degree murder is a class 2 felony, but it is reduced to a class 3 felony if the "act causing the death was performed upon a sudden heat of passion." See Manual § 6.3 and C.R.S. § 18-3-103.
NEGLIGENCE - See CRIMINAL NEGLIGENCE. In civil cases, negligence means the failure to do an act which a reasonably careful person would do, or the doing of an act which a reasonably careful person would not do, under similar circumstances. See Manual § 10.5.
NOLO CONTENDERE - A plea of "no contest" which has the same consequences as a guilty plea except that it is not an admission of factual guilt and generally cannot be used against the defendant in subsequent civil proceedings. See Manual § 4.6; C.R.S. § 16-7-205.
NON-ECONOMIC DAMAGES- Losses such as pain and suffering and loss of enjoyment of life that are not strictly economic losses. See Manual § 10.5.
NO OPERATOR'S LICENSE (NOL) - Anyone who drives without a license is guilty of this crime. See Manual § 5.5 and C.R.S. § 42-2-101.
NOT GUILTY - A plea of not guilty is a denial of the charges and is accompanied by a request for a trial. See Manual § 4.6; C.R.S. § 16-7-205.
NOT GUILTY BY REASON ON INSANITY- This is a plea of admission and avoidance, admitting the commission of the act charged but seeking to excuse the defendant from criminal liability on the ground that the defendant was insane. See Manual § 4.6; C.R.S. § 16-7-205.
NOTICE BY PUBLICATION - The process of notifying a party to a lawsuit about the existence of the lawsuit that involves asking the Court to publish the summons and petition in a newspaper of general circulation. In divorce cases, see Manual §10.3.
OATH - A statement required from a witness before the witness is allowed to testify establishing that the witness understands the seriousness of the proceeding, the possibility of perjury charges if the witness testifies falsely. See CRE 603 and Manual § 13.5.
OBSCENE MATERIAL - Obscene material is defined as "anything tangible that is capable of being used … to arouse interest ... that the average person, applying contemporary community standards would find that taken as a whole appeals to the prurient interest in sex" graphically depicts various sexual activity and has no serious literary, artistic or political value. See Manual § 6.12 and C.R.S. § 18-7-101(1) and (2).
OFFER OF PROOF - In evidence, the procedure when a party tells the trial court what evidence the party is trying to elicit in order to persuade the judge to admit that evidence.
OMISSION - means a failure to perform an act as to which a duty of performance is imposed by law. See Manual § 6.1 and C.R.S. § 18-1-501(7).
OPENING STATEMENT - The initial statements of the attorneys in a trial, describing the evidence the attorneys intend to present. Both the prosecution/plaintiff and defense have the opportunity to make an opening statement. The defense does not have to make an opening statement or may reserve its opening statement until the end of the prosecution or plaintiff's case. See Manual § 12.3.
OPINION - In evidence, testimony concerning a witness' opinion about a matter is limited. A lay person can offer an opinion only as to matters the witness actually witnessed and an expert can offer opinions only as to matters as to which the expert is qualified. See Manual § 13.6 and CRE 701 and 702.
ORDINANCE - A law passed by a municipality and effective within the city limits.
OTHER CRIMES EVIDENCE - Evidence that a person committed some other crime or wrong is generally not admissible to prove that the person did something wrong in the case at trial. However, such evidence may be admissible for certain other limited purposes. See Manual § 13.9 and CRE 404.
OVERRULE - To reject an objection.
PANDERING - A person commits pandering if the person, for money or other thing of value, induces another to commit prostitution by menacing or intimidating that person, or arranges a situation in which a person may commit prostitution. See Manual § 6.12.
PANDERING OF A CHILD - A person commits pandering of a child if the person, for money or other thing of value, induces a child to commit prostitution or arranges a situation in which a person may commit child prostitution. See Manual § 6.12.
PANEL VOIR DIRE - The process of asking questions of the first group of prospective jurors who are selected from the general group and seated in the jury box. See Manual § 12.3
PARENTING CLASSES - Court-required classes for parents involved in a divorce related to the effects of divorce on children and how a parent may minimize these effects.
PARENTING TIME - The time set aside to each parent to spend with minor child. Parenting time was formerly known as visitation. See Manual § 10.3
PAROLE - A period of time following a prison sentence during which the offender is under supervision. A parole board grants parole subject to legislative restrictions and parole revocation hearings are also conducted by the board. See Manual § 7.7.
PARTY-OPPONENT - In evidence, the opposite side of a lawsuit. The statements of a party-opponent may generally be introduced into evidence even if the party opponent does not testify. See Manual § 13.7 and CRE 801(d)(2).
PATENT - A way to protect inventions from being improperly appropriated by someone other than the patent-holder. See Manual §10.4.
PATRONIZING A PROSTITUTED CHILD - Patronizing a prostituted child is a class 3 felony. See Manual § 6.12 and C.R.S. § 18-7-406.
PATTERN OF SEXUAL ABUSE - A pattern of sexual abuse involves the commission of two or more incidents of sexual contact involving a child when an actor commits such offenses upon the same victim. See Manual § 6.7.
PEACE OFFICER - This term is defined at C.R.S. § 18-1-901(3)(l) and, while it is too long to reproduce here, can be important when it is used to increase the range of sentence that a person who commits a crime against a peace officer is facing.
PEREMPTORY CHALLENGE - A decision to excuse a certain prospective juror from the jury. Generally, there need not be any particular reason for a peremptory challenge although the courts have recently begun restricting peremptory challenges based on the race of the prospective juror. See Manual § 12.3.
PERSONAL JURISDICTION - The authority of a court over a certain individual or type of individuals or entities. See JURISDICTION.
PERSONAL RECOGNIZANCE BOND (P.R.) - A bond that can be posted with merely the signature of the defendant and does not require the deposit of any money or other security. If a judge requires the signature of a person in addition to the defendant, the bond is referred to as a CO-SIGNED P.R. BOND. See C.R.S. § 16-1-104(13); Manual § 4.2.
PETITION FOR DISSOLUTION - The document which, when filed in court by the PETITIONER, beings a divorce proceeding. See Manual § 10.3.
PETITIONER - The party filing the PETITION. See Manual § 10.3.
PETTY OFFENSE - Certain specified minor crimes that are considered less serious than misdemeanors. See C.R.S. § 18-1-107.
PIMPING - Living, in whole or in part, on money derived from the prostitution of another. See Manual § 6.12 and C.R.S. § 18-7-206.
PIMPING OF A CHILD - Living, in whole or in part, on money derived from the prostitution of another. See Manual § 6.12 and C.R.S. § 18-7-405.
PLAINTIFF - The party who brings a civil claim. See Manual § 8.3.
PLAIN VIEW EXCEPTION - Officers who are lawfully executing a search or arrest warrant may seize evidence even if they do no have a warrant for he seizure of that evidence as long as the evidence is in plain view and is clearly evidence of a crime. See Manual §7.4.
PLEA BARGAIN - As a noun, the settlement negotiated by defense counsel and the prosecutor to resolve pending criminal charges. As a verb, the process of negotiating. Also called PLEA NEGOTIATION See C.R.S. § 16-7-301 et seq. and Manual § 4.5.
PLEADINGS - A generic term referring to all of the motions, briefs and other paperwork filed in a particular case.
POINTS - The DMV keeps track of a person's driving points. A person who gets too many points in a specified time period can have their driver's license suspended or revoked. The points applicable to various traffic offenses are set out in C.R.S. § 42-2-127(5).
POSITION OF TRUST - A person in a position of trust includes parents, anyone acting in the place of parents and charged with the parent's rights and duties, or anyone charged with the health, education and welfare of and supervision of a child. Crimes against children committed by one in a position of trust are taken more seriously. See Manual § 6.7 and C.R.S. § 18-3-401(3.5).
PRELIMINARY HEARING - A hearing held in felony and juvenile cases to determine whether probable cause exists to believe that a crime was committed and that the defendant committed the crime. See C.R.S. § 16-5-301, Crim.P.7 and Manual § 7.1.
PRELIMINARY INJUNCTION - A temporary order of a court that requires a person to perform, or refrain from performing, some act. See Manual § 8.10.
PREMISES - "Real property, buildings and other improvements thereon, and stream banks and beds of any navigable streams flowing through such property." See Manual § 6.8.
PREPONDERANCE OF THE EVIDENCE - More evidence in support of a proposition than not. This is the burden of proof in civil cases. See Manual §8.13.
PRE-SENTENCE INVESTIGATION REPORT (PSIR) - A report prepared by the probation department that describes a criminal defendant's social, family, education and criminal background to help the sentencing judge decide on the appropriate sentence. See Manual 7.7
PRESUMPTION - In evidence, a rebuttable conclusion that one fact lows from another fact. For example, a person who has a blood alcohol content over .10% or greater is presumed to be under the influence of alcohol. A presumption may be rebutted by other evidence.
PRESUMPTION OF INNOCENCE - The principle that a criminal defendant is deemed innocent of that crime unless the defendant pleads guilty or the prosecution convinces a jury of guilt beyond a reasonable doubt.
PRESUMPTIVE SENTENCE - The range of a sentence in a criminal case within which the sentencing judge will normally sentence. See Manual § 7.7.
PRE-TRIAL CONFERENCE - A meeting between defense counsel and the prosecutor at which efforts are made to resolve a pending case through plea bargaining. See Manual § 7.2.
PRE-TRIAL READINESS CONFERENCE - A hearing set by many county courts when a defendant who is representing him or herself sets a case for a jury trial to determine whether the case will actually proceed to trial.
PRIMA FACIE CASE - A prima facie cases exists when, looking at the facts in the light most favorable to the party, and drawing all reasonable inferences in favor of the party, the party has presented enough evidence to persuade a jury or other fact-finder.
PRIOR CONSISTENT STATEMENTS - Statements made by a witness that are consistent with the testimony the witness gives at trial may be admissible at trial to rebut a claim by the opposing party that the witness have made prior inconsistent statements or has been improperly influenced.
PRIOR INCONSISTENT STATEMENTS - Statements previously made by a witness that are inconsistent with the testimony the witness gives at the trial or other hearing.
PRIVILEGE - In evidence, a special relationship between two persons that the law protects by making conversations between the persons inadmissible at trial. Examples of privileged relationships include doctor-patient, lawyer-client and priest-penitent. See Manual § 13.4 and C.R.S. § 13-90-107.
PROBABLE CAUSE - Facts and circumstances sufficient to cause a reasonably cautious and prudent person to believe that a particular circumstance exists. At a preliminary hearing, probable cause exists where the facts presented are sufficient to cause a reasonably cautious and prudent person to believe that an offense has been committed and the person charged probably committed it. For the purposes of a search warrant affidavit, probable causes exists where the facts and circumstances presented in the affidavit are sufficient to cause a reasonably cautious and prudent person to believe that an offense has been committed, and that evidence of the offense is likely to be found in the place to be searched. For the purposes of an arrest, probable cause exists where the facts and circumstances within the officer's knowledge and of which he has reasonably trustworthy information are sufficient to cause a reasonably cautious and prudent police officer to believe that an offense has been committed and the person arrested probably committed it.
PROBATION - A period of time, imposed in lieu of jail or prison sentence during which the offender is under behavioral constraints. It is often supervised by the probation department or by a private supervisor. See C.R.S. § 16-11-201 et seq. and Manual § 7.7.
PROBATION CONDITIONS - The special rules imposed upon a person who is granted probation. See Manual § 7.7.
PROBATION VIOLATION COMPLAINT - A claim, filed with the court, and served upon the person who is on probation, alleging that the person has violated some condition of probation. See Manual § 14.5 and C.R.S. §§ 16-11-205 and 206.
PROBATIONARY LICENSE - A license which the D.M.V. may issue under some circumstances that allows the driver to go to and from work or day care or for some other equally important purpose. Sometimes called a 'red license'. See C.R.S. § 42-2-123(13).
PROBATIVE VALUE - The value of a particular piece of evidence in proving some point that is at issue in a trial. Judges often balance the probative value of a piece of evidence against the danger that the evidence may be used improperly by the jury. See FRE 403.
PROCUREMENT OF A CHILD - Intentionally giving, transporting or otherwise providing a child for the purpose of child prostitution. See § Manual 6.12 and C.R.S. § 18-7-403.5.
PROFESSIONAL BAIL BONDING AGENT - commonly called a bail bondsman. A bail bonding agent means any person who furnishes bail for compensation in any court in this state and who is appointed by an insurer by power of attorney to execute or countersign bail bonds in connection with judicial proceedings. See C.R.S. § 12-7-101 and Manual §4.2.
PROMOTION OF OBSCENE MATERIALS - Promoting or possessing obscene material, or directing or acting in an obscene performance. See Manual § 6.12 and C.R.S. § 18-7-102(2).
PROSECUTOR- The lawyer who presents criminal charges in court, negotiates cases on behalf of the government, and conducts the trial of cases that do not settle. See Manual § 3.2.
PROSTITUTION - Performing or offering to perform or agreeing to perform any sex act in exchange for some thing of value. See Manual § 6.12 and C.R.S. § 18-7-201.
PROVIDENCY HEARING - See guilty plea.
PROXIMATE CAUSE - Proximate cause is defined as "a cause which in natural and probable sequence caused the injury" and without which the injury would not have occurred. In some civil cases, a defendant is not liable unless his conduct is the proximate cause of the injury.
PUBLIC DEFENDER - The government agency charged with the responsibility of representing indigent criminal defendants in serious misdemeanor and all felony cases. The Office of the Public Defender is headquartered in Denver and has a separate Appellate Division and trial offices in the various judicial districts. The Public Defender hires attorneys, investigators and staff support personnel to represent persons charged with crimes who cannot afford to hire their own attorneys. See. Manual § 3.3.
PUBLIC INDECENCY - Performing, in public, any act of sexual intercourse or lewd exposure with the intent of arousing sexual desire. See Manual § 6.12 and C.R.S. § 18-7-301.
PUBLIC SAFETY EXCEPTION - The rule that some prohibitions on police conduct need not be followed in certain situations where the public safety is at risk. See Manual §7.4
QUASH - To stop the effect of a subpoena, complaint or other document by obtaining a court order that the service of the document on a person was not properly performed. In civil cases, see Manual § 8.5.
QUITCLAIM DEED - A form of a DEED in which the grantor warrants nothing and conveys the grantors interest in the property, if any. See Manual § 10.7.
RAPE SHIELD LAW - A statute applying to sexual assault cases that limits the ability of the attorneys to ask questions about the sexual history of a victim or any other witness. See C.R.S. §18-3-407 and Manual §§ 6.7, 13.10.
REAL EVIDENCE - Actual physical evidence of the crime of claim being litigated, e.g. the murder weapon or the defective car seat.
REBUTTAL EVIDENCE - After the defense rests its case, the prosecution or plaintiff has a chance to offer rebuttal evidence. Rebuttal is limited to evidence that rebuts issues raised in the defense case. See Manual § 12.8.
RECORDING - Creating a public notice of all the rights set forth in the document that is recorded. See Manual § 10.7.
RELEVANT EVIDENCE - Evidence that tends to prove or disprove a fact that is in issue in a case. See FRE 401 and Manual § 13.3.
RECKLESSLY - A person acts recklessly when he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists. C.R.S. § 18-1-501(8).
RECONSIDERATION OF SENTENCE - A request by a criminal defendant that the court which imposed the sentence reconsider that sentence. See Crim. P. 35(b) and Manual § 14.3.
RECORD - For the purposes of appeal, the record is the transcript of all the proceedings that occurred in the trial court, the trial courts file, any exhibits, and other matters that the parties believe should be considered on appeal. See Manual § 14.2.
RECORDED RECOLLECTIONS - In evidence, statements that were written or recorded at or near the time of the event in question that may be admitted even if the witness can no longer recall the even itself. See FRE 803(5).
RE-CROSS EXAMINATION - Witnesses are examined in the following fashion: the party calling the witness engages in direct examination, the opposing party engages in cross-examination, the party calling the witness engages in re-direct examination and the opposing party engages in re-cross examination. Re-direct and re-cross examination are limited in scope and somewhat discretionary with the judge.
RE-DIRECT EXAMINATION - See RE-CROSS EXAMINATION.
REPUTATION - Testimony that a group of people who know a witness or a party have a particular belief about some aspect of the witness' or party's character. See Manual § 13.5
RESIDUAL EXCEPTION - In evidence, the rule which allows the introduction of a statement of a person who is not testifying as long as that statement has adequate guarantees of reliability. See CRE 807 and Manual § 13.7.
RESPONDENT - The party against whom a PETITION is filed. See Manual § 10.3.
RESTITUTION - The repayment of damages by a defendant. Restitution is almost always ordered in a criminal case. See Manual § 7.7.
RESTITUTION COORDINATOR - An employee of the district attorney's office or the court clerk who sets up and monitors a restitution payment plan.
RESTRAINING ORDER - An order issued by a court, either upon application of a citizen or as a condition of bond in a criminal case, which forbids the person restrained from having any contact with the person, residence or place of work o the alleged victim of offensive and/or criminal conduct by the person restrained.
RETENTION ELECTION - Colorado state judges are appointed initially by the governor, but must thereafter stand before the voters for retention in office. See Manual § 3.1.
REVOCATION - In criminal cases, a proceeding in which it is alleged that a defendant has violated some court order (e.g., a condition of bond or probation) and should therefore be sanctioned in some fashion. See Manual § 14.5. In motor vehicle law, the termination of a person's privilege to drive a car.
ROADSIDE SOBRIETY TESTS - Commonly called 'roadsides'. A series of physical maneuvers the police require of a driver they suspect of being under the influence. The tests are designed to test one's level of intoxication. See Manual § 6.16.
ROBBERY - The taking of anything of value directly from the person or presence of another by the use of force, threats or intimidation. AGGRAVATED ROBBERY is robbery with a deadly weapon. See Manual § 6.8 and C.R.S. § 18-4-301 et seq.
SECURED BOND - A bond that must be secured by cash, real property or a bondsman. See Manual § 4.26.
SELF-DEFENSE - In criminal law, the principle that a prson has the right to defend himself or herself against the unlawful use of physical force. See Manual §5.9 and C.R.S., § 18-1-703 et seq.
SELF-INCRIMINATION - Statements made by a person that tend to expose that person to criminal charges. The Fifth Amendment to the United States Constitution prohibits the government from forcing a defendant to incriminate him or herself at trial. See Manual § 7.4.
SENTENCING - The imposition of punishment upon a person convicted a crime. See Manual §§ 5.7 and 7.7.
SENTENCE CAP - An agreement between the prosecutor, defense counsel and defendant that any sentence will be no greater than a certain amount of time, made as part of a plea bargain. If the court exceeds the cap, the defendant can withdraw from the plea agreement. See Manual § 4.5.
SENTENCE STIPULATION - An agreement between the prosecutor, defense lawyer and defendant that a particular sentence will be imposed, made as part of a plea bargain. The Court must accept the stipulation or reject the plea agreement. See manual § 4.5.
SEPARATE PROPERTY - The property held by a party prior to the marriage or acquired during the marriage by gift, devise or in exchange for property acquired before the marriage or by gift or devise. See Manual § 10.3.
SEPARATION - The legal process allowing parties to sever all financial and child-related aspects of their marital relationship. A separation may be converted to a dissolution six months after the decree of separation is entered. See Manual § 10.3.
SEPARATION AGREEMENT - The document prepared by parties which fully lays out the agreement of the parties at the time the divorce is finalized as to all issues, including decision-making, parenting time, child support, division of property and debts, maintenance and any other issues between the parties. See Manual § 10.3.
SEQUESTRATION - The isolation of a jury during a trial. Used rarely, and generally only in high publicity cases. Also, the exclusion of witnesses who testify at a court proceeding from the courtroom while other witnesses are testifying. See C.R.E. 615.
SERIOUS BODILY INJURY - Bodily injury which, either at the time it was inflicted or later, involves a substantial risk of death, serious permanent disfigurement, protracted loss or impairment of any body part or breaks, fractures or burns of the second or third degree. See C.R.S. § 18-3-901(3)(p).
SETTLEMENT CONFERENCE - An evaluative mediation that allows the parties to a civil lawsuit to gain input from a neutral party on the strengths and weaknesses of their cases. See Manual § 10.1.
SERVICE OF PROCESS - The act of serving a person with some sort of court paperwork or order such as a complaint or a subpoena.
SEVERANCE - The act of separating criminal defendants (C.R.S. § 16-7-101 and Crim. P. 14) or criminal charges (Crim. P. 14) into separate prosecutions.
SEX OFFENDER INTENSIVE SUPERVISION PROBATION (SOISP) - A rigorous form of supervising offenders who have been granted the right to be at large following conviction for a sex offense See Manual § 7.7.
SEXUAL ASSAULT - Knowingly inflicting sexual intrusion or penetration on a victim by causing the victim to submit by means of sufficient consequence reasonably calculated to cause submission against the victim's will; or when knowing that the victim is incapable of appraising what the perpetrator is doing; or when the victim is less than 15 and the person is at least 4 years older than the victim and is not the spouse of the victim; or in a variety of other specific circumstances. Sexual assault ranges from a serious felony down to a misdemeanor depending on various factors. See Manual § 6.7 and C.R.S. 18-3-402.
SEXUAL ASSAULT ON A CHILD - The statute makes it illegal for anyone to subject another person who is not his spouse to any sexual contact if that person is less than 15 years of age and the defendant is at least 4 years older than the victim. See Manual §6.7 and C.R.S. § 18-3-405.
SEXUAL ASSAULT ON A CHILD BY ONE IN A POSITION OF TRUST - This statute provides that anyone who knowingly subjects another, not his or her spouse, to any sexual contact, commits sexual assault on a child by one in a position of trust, and the actor committing the offense is one in a position of trust with respect to the victim. See Manual § 6.7 and C.R.S. 18-3-405.3.
SEXUAL ASSAULT ON A CLIENT BY A PSYCHOTHERAPIST - This statute provides that if a person knowingly inflicts penetration or sexual intrusion on a victim commits aggravated sexual assault on a client if the defendant is a psychotherapist and the victim is a client of the psychotherapist and the sexual penetration of intrusion occurs by means of therapeutic deception. See Manual § 6.7 and C.R.S. § 18-3-405.5.
SEXUAL CONTACT - Sexual contact is the knowing touching of the victim's intimate parts by the actor or the actor's intimate parts by the victim or the knowing touching of the clothing covering the immediate area of the victims' or actor's intimate parts if that contact is for the purpose of sexual arousal, gratification or abuse. See Manual § 6.7 and C.R.S. § 18-3-401(4)
SEXUAL INTRUSION - Sexual intrusion is defined by any intrusion, however slight, by any object or any part of person's body except the mouth, tongue or penis into the genital or anal opening of another person's body if that sexual intrusion can reasonably be construed as being for the purpose of simple arousal, gratification, or abuse. See Manual § 6.7 and C.R.S. § 18-3-401(5).
SEXUAL PENETRATION - This means sexual intercourse, cunnilingus, fellatio, analingus or anal intercourse. See Manual § 6.7 and C.R.S. § 18-3-401(6).
SIXTH AMENDMENT - The amendment to the United States Constitution that establishes the right of a criminal defendant to have an attorney, a speedy and public trial, and to confront the witnesses who testify against him.
SOLICITATION - A person commits the crime of solicitation if the person "commands, induces, entreats or otherwise attempts to persuade" another person to commit a felony. It is an affirmative defense to the crime of solicitation that the person voluntarily and completely renounces the solicitation and persuades the other person not to commit the crime. Solicitation is punishable in the same fashion as attempt. See Manual § 6.2 and C.R.S. § 18-2-301.
SOLICITING FOR CHILD PROSTITUTION - Soliciting for child prostitution is committed when a person solicits another for child prostitution, or arranges for an act of child prostitution, or directs another to a place for the purpose of child prostitution. See Manual § 6.12 and C.R.S. § 18-7-402.
SPECIFIC INSTANCES OF CONDUCT - In evidence, specific instances of the conduct of a witness may generally not be inquired into during direct examination but may, in the discretion of the court, be inquired into during cross-examination. See Manual § 13.5.
SPEEDY TRIAL - The right, guaranteed by both constitution and statute, that a criminal defendant will be brought to trial within a specific or reasonable period of time. See Manual § 12.1.
SPONTANEOUS PRESENT SENSE IMPRESSION - A statement made by a person about an event while still perceiving the event that may be admitted even though the person making the statement does not testify. See Manual § 13.7.
SPOUSAL PRIVILEGE - This rule of evidence establishes that a spouse cannot be forced to testify against his or her spouse. Spousal privilege is not available for excluding or refusing testimony in any prosecution for any sexual offense. See Manual § 6.7 and C.R.S. § 13-90-107.
STATEMENT - An oral or written assertion or conduct that is intended to be communicative. In evidence, see Manual § 13.7 and CRE 801(a).
STATEMENTS AGAINST INTEREST - A statement that is so clearly against the speaker's criminal or civil or financial interest that a reasonable person would not make the statement unless believing it to be true. These statements may be admitted even if the person making them does not testify. See Manual § 13.7 and CRE 804(3).
STATEMENTS FOR THE PURPOSE OF MEDICAL DIAGNOSIS OR TREATMENT - Statements that are deemed trustworthy because a person does not ordinarily lie to his or her doctor when seeking medical advice and that may be admissible even if the person making them does not testify. See Manual § 13.7 and CRE 803(4).
STATUTE OF LIMITATIONS - A law providing that if some action is not taken within a specific period of time, the action is thereafter barred. For criminal prosecutions, see C.R.S. § 16-5-401; for post-conviction attacks, see C.R.S. § 16-5-402.
STAY OF EXECUTION - A postponement of some action by the court.
STIPULATION - An agreement by the parties to a lawsuit that a fact is true, relieving the party of proving the fact. See Manual § 12.5.
STRICT LIABILITY OFFENSE - An offense that does not require any particular mental culpability or evil intent. See Manual § 6.1.
SUBJECT-MATTER JURISDICTION - The authority of a court to hear a certain type of claim. In civil matters, see Manual § 8.3; in criminal matters see Manual § 3.2 and 6.1.
SUBPOENA - A written order directing a person to appear in court as a witness. A subpoena duces tecum requires that person to produce specified documents as well. See C.R.S. § 16-9-101 et seq. and Crim.P.17(a).
SUMMARY JUDGMENT - A decision by a court that no trial is necessary because either the relevant facts or the applicable law are not in dispute or do not raise a claim. See Manual § 8.11.
SUMMONS - A written order to appear in court at a stated time to answer charges in a criminal case. See C.R.S. §§ 16-7-401(17) and 16-1-104(17) and Manual § 4.1. In a civil case or a divorce, a court order requiring a party to respond to a COMPLAINT or a PETITION or perform some other task. See Manual §§ 8.4 and 10.3.
SUMMONS AND COMPLAINT - A document combining the functions of both a summons and complaint. Crim. P. Rule 4.1(a)(4).
SUPPRESSION - In criminal cases, a refusal to admit at trial evidence or statements that have been illegally obtained by the police or prosecutors. See Manual § 7.3 - 7.6.
SURREBUTTAL EVIDENCE - Surrebuttal is limited to evidence that rebuts that evidence presented during the prosecution's rebuttal case. See Manual § 12.8.
SUSTAIN - To grant, as in granting an objection.
TAMPERING, FIRST-DEGREE - First degree criminal tampering occurs when a person, with the intent to interrupt the service provided by a public utility or public health or safety institution, tampers with the property of that utility or institution. See Manual § 6.9 and C.R.S. § 18-4-505.
TAMPERING, SECOND-DEGREE - Second-degree criminal tampering occurs when a person, with the intent to cause injury or annoyance to another person, tampers with the property of that other person, or when a person knowingly makes an unauthorized connection with the property of a utility. See Manual § 6.9 and C.R.S. § 18-4-506.
TEMPORARY ORDERS - The orders of the Court in a dissolution proceeding that resolve issues relating to debt service, monthly bills, child support, temporary use of marital property, and temporary allocation of decision-making and parenting time, until such time as there is a further order of the Court. See Manual § 10.3.
TEMPORARY RESTRAINING ORDER (TRO) - An order of the court requiring a person to take some action, or to refrain from performing some act. See Manual §§ 6.5 and 8.10.
TENANCY-IN-COMMON - A form of co-ownership of property in which the co-owners do not receive the property interest held be a co-owner who dies. See Manual § 10.7.
THEFT - Theft occurs when a person "knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception" and a) intends to permanently deprive the owner of the thing of value, b) uses or abandons the thing of value in a manner that deprives the owner of the use or benefit of the thing of value, c) uses or abandons the thing of value intending to deprive the owner of the use or benefit of the thing of value, or d) demands any consideration for the return of the thing of value to the owner. See Manual § 6.8 and C.R.S. § 18-4-401.
THEFT BY RECEIVING - Theft by receiving occurs when a person receives, retains, loans money by pawn, or disposes of anything of value of another, knowing or believing that the thing of value is stolen, and intending to deprive the lawful owner of the use or benefit of the thing of value. See Manual § 6.8 and C.R.S. § 18-4-410.
THEFT FROM A PERSON - Theft from a person by means other than the use of force.. See Manual § 6.8 and C.R.S. § 18-4-401.
THEFT OF A LIFT TICKET - C.R.S. § 18-4-426 addresses the theft of a lift ticket. See Manual § 6.8.
THEFT OF MEDICAL RECORDS - C.R.S. § 18-4-412 addresses the theft of medical records. See Manual § 6.8.
THEFT OF RENTAL PROPERTY - Obtaining the temporary use of the property of another and failing to return or reveal the whereabouts of the property within seventy-two hours of the agreed return date. See Manual § 6.8.
THEFT OF TRADE SECRETS - Theft of trade secrets occurs when a person steals, or discloses to an unauthorized party, or improperly copies, a trade secret with the intent to deprive the owner of control of the trade secret, or the intent to appropriate the trade secret to his own use or the use of another. See Manual § 6.8 and C.R.S. § 18-4-408.
THEN-EXISTING MENTAL OR PHYSICAL CONDITION - In evidence, a statement of a person's mental or physical condition that may be admitted into evidence even if the person does not testify. See Manual § 13.7 and CRE 803(3).
TIME SERVED - The amount of time a defendant has been in jail since arrest. Generally, a person convicted of a crime is entitled to credit for the time he or she has already served in jail.
TOTALITY OF THE CIRCUMSTANCES - A principle often used in evaluating both evidence arguments and suppression claims, that the trial court should look at all of the facts and circumstances surrounding a particular event when deciding whether to admit evidence seized during or concerning that event. See Manual §7.4.
TRADEMARK - Any word, symbol, or device that an entity uses to distinguish its goods and services from the goods and services of others. See Manual § 10.4.
TRADE SECRETS - Economically valuable information about some business or process that the holder of the information wishes to keep secret. See Manual §10.4.
TRANSFER HEARING - A hearing at which a prosecutor asks that a juvenile case should be transferred to the adult court system. See Manual § 5.4.
TRESPASS, FIRST-DEGREE - First degree criminal trespass occurs when a person knowingly and unlawfully enters or remains in the dwelling of another or enters any motor vehicle with the intent to commit a crime. See Manual § 6.8 and C.R.S. § 18-4-502.
TRESPASS, SECOND-DEGREE - Second-degree criminal trespass occurs when a person unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders, or fenced, or if a person knowingly and unlawfully enters or remains in the common areas of a hotel or apartment or condominium building. See Manual § 6.9 and C.R.S. § 18-4-503.
TRESPASS, THIRD-DEGREE - Unlawfully entering or remaining in or upon the premises of another. See Manual § 6.8 and C.R.S. § 18-4-503.
USEFUL PUBLIC SERVICE - Work for an approved service organization that is imposed as part of a sentence. Also known as COMMUNITY SERVICE WORK.
UNLAWFUL SEXUAL CONTACT- This crime is committed when a person knowingly subjects the victim to any sexual contact if the person knows the victim does not consent, or the person knows the victim is incapable of appraising what the person is doing; or the victim is physically helpless and the person knows that and that the victim has not consented, or the person has substantially impaired the victim's power to control the person's behavior by using alcohol or drugs, or under several other circumstances. See Manual § 6.7 and C.R.S. § 18-03-404.
UTTER - A term used in forgery and other cases that means to transfer or pass a written instrument, or cause it to be transferred or passed, to another person.
UNITED STATES ATTORNEY - This attorney, appointed by the President, is the prosecutor in federal criminal court.
UNITED STATES CODE - The set of laws passed by Congress that creates the substantive civil and criminal law in federal court. See Manual § 8.1.
VEHICLE - This term of art is defined in C.R.S. § 42-1-1-2(112) and is discussed in § 6.23 of the manual. Vehicle is defined quite broadly for the purposes of the DUI statute, and specifically includes bicycles.
VEHICULAR ASSAULT - Vehicular assault is committed when a person drives recklessly and the driving is the proximate cause of serious bodily injury to another person. A person also commits vehicular assault if the person drives while under the influence of alcohol, drugs or both and is the proximate cause of serious bodily injury to another. See Manual § 6.4 and C.R.S. § 18-3-205.
VEHICULAR HOMICIDE - This can be committed in either of two ways. A person commits vehicular homicide if the person drives recklessly and the driving is the proximate cause of the death of another person. A person also commits vehicular homicide if the person drives while under the influence of alcohol, drugs or both and is the proximate cause of the death of another. The alcohol related version is a strict liability crime. See Manual § 6.3 and C.R.S. § 18-3-106.
VENIRE - The geographical area from which prospective jurors are summoned fro jury duty. See Manual § 12.3.
VENUE - The jurisdiction in which the offense occurred and in which, therefore, the trial must occur. Venue must be proved by the prosecutor or plaintiff in every case. In civil cases, see Manual § 8.3.
VIOLATING A RESTRAINING ORDER - This offense prohibits anyone from violating a court order that restrains the person from contacting another and is often used in domestic violence cases. See Manual § 6.5 and C.R.S. § 18-6-803.5.
VISITATION - See PARENTING TIME
VIOLATION OF A CUSTODY ORDER - Violation of a custody order is committed when any person, knowing that the person has no privilege to do so takes or entices any child under eighteen from the care or custody of the child's parent or guardian. The crime is also committed when any person violates a court order setting out custody or parental responsibilities. See Manual § 6.6 and C.R.S. § 18-3-304.
VOIR DIRE - The process of selecting a jury consisting of a series of questions from the judge, the prosecutor and the defense attorney. See Manual § 12.3. Also, in evidence, the process of asking questions of a witness who is laying the foundation for the introduction of an exhibit.
VOLUNTARY ACT (Actus Reus) - means an act performed consciously as a result of effort or determination, and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it. See Manual § 6.1 and C.R.S. § 18-1-501.
WAIVER - A relinquishment of a right.
WARRANT - A court order authorizing a search or an arrest. See C.R.S. § 16-3-301 and Crim. P. 41 for the regulations governing search warrants. See C.R.S. § 16-3-101 for legislation governing arrest warrants.
WARRANT REQUIREMENT- The constitutional principle that a warrant should be obtained before a person is arrest or property is searched or seized unless there is some specific exception to the rule that applies. See Manual §7.4
WARRANTLESS ARREST (SEARCH) - An arrest (or search) conducted without a warrant. Evidence from such a procedure may not be admitted unless the proponent of the evidence can persuade the judge that some exception to the warrant requirement applies. See Manual § 7.4.
WARRANTY DEED - A form of a DEED where the grantor guarantees the title to the real property against defects that arose both before and during the grantor's ownership. See Manual § 10.7.
WORK RELEASE - A manner of serving a jail sentence in which the prisoner is released from jail to go to work. Work release must be authorized by the sentencing judge and approved by the jail. In Boulder, inmates may also be eligible for "work-seeking" release for a period of time in order to find a job, and for education release to continue to attend school. See Manual § 7.7.
WORKENDER - A way to serve a jail sentence: the prisoner reports on Saturday mornings, works for the county until he or she is released on Sunday evenings. See Manual § 7.7.
WRONGFUL DEATH - A loss of life caused by the negligence of others that may be the subject of a civil suit. See Manual § 10.5.
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