Commonwealth Attorney's Office - Jefferson County Kentucky

BAIL

... monetary amount for or condition of pretrial release from custody, normally set by a judge at the arraignment. The purpose of bail is to ensure the return of the accused at subsequent proceedings. If the accused is unable to make bail, or otherwise unable to be releases on his or her own recognizance, he or she is detained in custody. The amount of bail is limited by the Eighth Amendment to the United States Constitution, which provides that excessive bail shall not be required.

BENCH TRIAL

... a trial held before a judge sitting without a jury. The judge determines the facts and renders a verdict of guilt or acquittal.

BOND

... a debt intended to insure the defendant's future appearances in court. The amount of the bond is set by a judge or magistrate. Bond paid will be forfeited if the defendant does not comply with the directions of a court requiring the defendant's attendance at the criminal action or proceeding involved and does not otherwise render himself amenable to the orders and processes of the court. Factors influencing the amount set include the seriousness of the charge, the defendant's criminal history, and the defendant's ties to the community. There are four types of bonds:
     Personal recognizance bonds do not require the defendant or a third party to pay money to the court. The defendant is permitted by the court to be at liberty during the pendency of the criminal action or proceeding upon the defendant's written promise to appear whenever his attendance before the court may be required and to render himself amenable to the orders and processes of the court. A defendant shall be released on personal recognizance unless the court determines, in the exercise of its discretion, that such release will not reasonably assure the appearance of the defendant as required.
     Percent bonds require the defendant to post a percentage of the full bond (generally as low as 10%) to get out of jail, and the remaining percentage is due only if the defendant later fails to appear.
     Full cash bonds require the full amount of the bond to be paid in cash before the defendant can be released. If the defendant appears at all future court dates, most of the monies are returned to the person posting the bond.
     Property bonds require the defendant or a third party to post real property to the Court to insure the defendant's appearance at all future proceedings. The individual who posts the real property must actually have ownership of the property. A property bond is usually double the amount of a full cash bond.

BRIEF

... a written statement prepared by the attorneys arguing a case in court. It contains a summary of the facts of the case, the pertinent laws, and an argument of how the law applies to the facts supporting the attorney's position. A brief may be used for an appeal or for trial.

BURDEN OF PROOF

... the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of a trier of fact or the court. The duty to establish facts in an adversary proceeding. Different burdens of proof exist in the law:

    Prima facie evidence: evidence which is good and sufficient "on its face" to establish a given fact when not rebutted or not contradicted.
    Probable cause: consists of a belief that an offense required to be prosecuted by an indictment pursuant to Section 12 of the Kentucky Constitution has been committed and that the defendant committed it.
    Preponderance of the evidence: the standard of proof in civil cases. Evidence which, as a whole, shows that the fact sought to be proved is more probable than not. Evidence which is more credible and convincing to the mind. It is generally visualized as that side of the dispute toward which the scales tip when the credible evidence is weighed by the trier of fact. Something more than 50% of the credible evidence.
    Clear and convincing evidence: that evidence which results in a reasonable certainty of the truth of the ultimate fact in controversy. Proof which requires more than a preponderance of the evidence but less than proof beyond a reasonable doubt. Clear and convincing evidence will exist when the truth of the facts asserted is highly probable.
    Beyond a reasonable doubt: the degree of belief a criminal juror (or the judge in a bench trial) must have regarding all factual elements of a charged crime. It means fully satisfied, entirely convinced, satisfied to a moral certainty. The facts proven must, by virtue of their probative force, establish guilt.    Reasonable doubt which will justify acquittal is doubt based on reason and arising from evidence of lack of evidence, and it is doubt which a reasonable person might entertain. Reasonable doubt is not fanciful doubt, it is not imagined doubt, and it is not doubt that a juror might conjure up to avoid performing an unpleasant task or duty.

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C

CAPITAL OFFENSE: ... a crime for which the death penalty may, but need not necessarily, be imposed. When a person is convicted of a capital offense, he shall have his punishment fixed at death, or at a term of imprisonment for life without parole, or at a term of imprisonment without parole until he has served at least twenty-five (25) years, or a term of not less than twenty (20) years nor more than fifty (50) years. Upon a conviction of a defendant in cases where the death penalty may be imposed, a hearing shall be conducted whereby the jury (or the judge if the case was tried in a bench trial) shall hear additional evidence of aggravating circumstances and mitigating circumstances.

�� Aggravating circumstances:

The offense of murder or kidnapping was committed by a person with a prior record of conviction for a capital offense, or the offense of murder was committed by a person who has a substantial history of serious assaultive criminal convictions; The offense of murder or kidnapping was committed while the offender was engaged in the commission of arson in the first degree, robbery in the first degree, burglary in the first degree, rape in the first degree, or sodomy in the first degree; The offender by his act of murder, armed robbery, or kidnapping knowingly created a risk of death to more than one (1) person in a public place by means of a destructive device, weapon, or other device which would normally be hazardous to the lives of more than one (1) person; The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value, or for other profit; The offense of murder was committed by a person who was a prisoner and the victim was a person employee engaged at the time of the act in the performance of his duties; The offender's act or acts of killing were intentional and resulted in multiple deaths; The offender's act of killing was intentional and the victim was a state or local public official or police officer, sheriff or deputy sheriff engaged at the time of the act in the lawful performance of his duties;
The offender murdered the victim when an emergency protective order or a domestic violence order was in effect, or when any other order designed to protect the victim from the offender, such as an order issued as a condition of a bond, conditional release, probation, parole, or pretrial diversion was in effect.

The jury (or judge, as the case may be), must designate in writing the aggravating circumstance or circumstances which it found beyond a reasonable doubt. In all cases, unless at least one (1) of the statutory aggravating circumstances is found, the death penalty, or imprisonment for life without parole, of imprisonment of imprisonment for life without parole until at least twenty-five (25) years has been served, shall not be imposed.; Mitigating circumstances: Circumstances such as do not constitute a justification or excuse for the offense in question, but which, in fairness and mercy, may be considered as reducing the degree of moral culpability. In Kentucky, the following mitigating circumstances are statutorily recognized:
CHALLENGES (Jury Selection): ... a method for removing a prospective juror. All challenges must be made before the jury is sworn. No prospective juror may be challenged after being accepted unless the court for good cause permits it. There are two types of challenges: Challenge for Cause: A request from a party to a judge that a certain prospective juror not be allowed to be a member of the jury because of specified causes or reasons. Challenges for cause are made first by the prosecutor and then by the defense. When there is reasonable ground to believe that a prospective juror cannot render a fair and impartial verdict on the evidence, the juror shall be excused as not qualified. Each side has an unlimited number of challenges for cause. Whether a prospective juror is stricken for cause is solely within the discretion of the judge.; Premptory Challenges: A request from a party that a judge not allow a certain prospective juror to be a member of the jury. No reason or "cause" need be stated for this type of challenge. If the defendant is charged with a felony, the prosecution is entitled to eight (8) peremptory challenges and the defendant is likewise entitled to eight (8) peremptory challenges. If the defendant is charged with a misdemeanor, the prosecution is entitled to three (3) peremptory challenges and the defendant is entitled to three (3) peremptory challenges. If one (1) or two (2) additional jurors are called by the Court, the number of peremptory challenges allowed to each side and each defendant shall be increased by one (1). If more than one defendant is being tried, each defendant shall be entitled to at least one additional peremptory challenge to be exercised independently of any other defendant.

CHAMBERS

... the private room or office; any place in which a judge hears motions, signs papers, or does other business pertaining to his office, when he is not holding a session in court. Business so transacted is said to be done "in chambers.

CHILD PORNOGRAPHY

... matter portraying a minor (i.e., an individual under the age of eighteen (18)) engaged in sexual conduct.
CIRCUIT COURT: ...Kentucky's highest level trial court with the broadest range of powers, including hearing appeals from Jefferson District Court. Circuit Court has exclusive jurisdiction over offenses designated as felonies or capital offenses and over civil cases where the amount in controversy is over $4000.00. Kentucky is divided into judicial circuits and there are fifty-six circuits in the state. Jefferson County composes the thirtieth (30th) judicial circuit. The Jefferson Circuit Court is composed of thirteen (13) divisions.

CIRCUMSTANTIAL EVIDENCE: ... testimony not based on actual personal knowledge or observation of the facts in controversy, but of other facts from which deductions are drawn, showing indirectly the facts sought to be proved. The proof of certain facts and circumstances in a given case, from which a jury may infer other connected facts which usually and reasonably follow according to common experiences of mankind.

CIVIL ACTION: ... an action brought to enforce, redress or protect private rights. In general, all types of actions other than criminal proceedings.

COMMON LAW: ... as distinguished from statutory law created by the legislature, the common law comprises the body of those principles and rules of action which derive their authority solely from usage and custom, or from the judgments and decrees of courts recognizing, affirming, and enforcing such usage and custom. Must of the common law followed in the United States derives from England. In general, it is a body of law that develops and derives through judicial decisions.

COMPLAINT (criminal): ... a written statement of the essential facts constituting the offense charged. It shall be made under oath and signed by the complaining party before a judge or a person who (a) is legally empowered to administer oaths and (b) has been authorized to administer such oaths to a complaining party by written order of a judge for the county having jurisdiction of the offense charged.
CONCURRENT SENTENCE: ... a sentence is concurrent if is is to be served at the same time as other sentences to which the defendant is subject. The Court determines whether the sentences shall run concurrently or consecutively at the time of the sentencing. If the Court does not specify the manner in which a sentence is to run, the sentence shall run concurrently with any other sentence which the defendant must serve. A definite and and an indeterminable sentence shall run concurrently. When a defendant is sentenced to imprisonment for a crime committed while on parole, the term of imprisonment and any period of reimprisonment shall run concurrently, unless the Court orders them to run consecutively. In addition, the court in sentencing a person convicted of a felony, shall be authorized to run the sentence concurrent with any federal sentence received by the defendant for a federal crime and any sentence received by that defendant in another state for a felony offense.
CONSECUTIVE SENTENCE

... a sentence is consecutive it is it to be added to another sentence. A consecutive sentence does not begin to run until the first sentence is completely served. For example, a defendant who is sentenced to two ten-year sentences that are to run consecutively will serve a total of twenty years. The Court determines whether the sentences shall run concurrently or consecutively at the time of the sentencing. The aggregate of consecutive definite sentences shall not not exceed one (1) year. The aggregate of consecutive indeterminate sentences shall not exceed in maximum length the longest sentence for the highest class of crime for which any of the sentences is imposed. In no event shall the aggregate of consecutive indeterminable terms exceed seventy (70) years.

CONSENT, AGE OF

... in Kentucky, a person less than sixteen (16) years old is incapable of consenting to sexual activity.

CONSENT (sexual offenses)

... whether or not specifically stated, it is an element of every sexual offense that the sexual act was committed without the consent of the victim. Lack of consent results from: (1) Forcible compulsion; (2) Incapacity to consent; or (3) If the offense charged is sexual abuse, any circumstances in which the victim does not expressly or impliedly acquiesce in the actor's conduct. A person is deemed incapable of consent when he is: (1) Less than sixteen (16) years old; (2) Mentally retarded or suffers from a mental illness; (3) Mentally incapacitated; or (4) Physically helpless.

CONSPIRACY: ... a combination or confederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act. A person having the intention of promoting or facilitating the commission of a crime is guilty of criminal conspiracy when he: (1) Agrees with one (1) or more persons that at least one (1) of them will engage in conduct constituting that crime or an attempt or solicitation to commit such a crime; or (2) Agrees to aid one or more persons in the planning or commission of that crime or an attempt or solicitation to commit such a crime. No person may be convicted of conspiracy to commit a crime unless an overt act in furtherance of the conspiracy is alleged and proved to have been committed by one (1) of the conspirators.

CONVICTION: ... in a general sense, the result of a criminal trial which ends in a judgment or sentence that the accused is guilty as charged. The final judgment on a verdict or a finding of guilty or a plea of guilty.
COURT: ... a government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs." The court system makes up the Judicial Branch of government.
COURT OF APPEALS: ...an intermediate court between the Jefferson District/Circuit Courts and the Kentucky Supreme Court. This Court may also administer oaths, punish contempts, and issue necessary orders to give control over lower courts. The Court of Appeals hears appeals from the trial courts. The headquarters of the Court of Appeals is located in Frankfort, Kentucky. The judges on the Court of Appeals are divided into panels of three judges each to conduct hearings in order to discharge the business before the Court. The head of the Court of Appeals is called the Chief Judge, who is elected by the judges of the Court for a term of four (4) years. The Court of Appeals is bound by and must follow the applicable precedents established in the opinions of the Supreme Court.
COURT REPORTER/RECORDER: ... a person who transcribes by shorthand, stenographically takes down, or electronically records testimony during court proceedings, or at trial related proceedings such as depositions. If an appeal is to be taken wherein an official record is required, the reporter prepares an official transcript from his or her record. Jefferson County Courts use video or audio recordings in lieu of court reporters.
CRIMINAL ABUSE: ..."Abuse" means the infliction of physical pain, injury or mental injury, or the deprivation of services by a person which are necessary to maintain the health and welfare of a person, or a situation in which an adult, living alone, is unable to provide or obtain for himself the services which are necessary to maintain his health or welfare. Often used in cases where children are being abused. SEE KRS 508.090. There are three types of criminal abuse: First Degree: A person is guilty of criminal abuse in the first degree when he intentionally abuses another person or permits another person of whom he has actual custody to be abused and thereby: (1) Causes serious physical injury; or (2) Places him in a situation that may cause him serious physical injury; or (3) Causes torture, cruel confinement or cruel punishment; to a person (12) years of age or less, or who is physically or mentally helpless. Criminal abuse in the first degree is a Class C felony. Second Degree: A person is guilty of criminal abuse in the second degree when he wantonly abuses another person or permits another person of whom he has actual custody to be abused and thereby: (1) Causes serious physical injury; or (2) Places him in a situation that may cause him serious physical injury; or (3) Causes torture, cruel confinement or cruel punishment; to a person twelve (12) years of age or less, or who is physically or mentally helpless. Criminal abuse in the second degree is a Class D felony. Third Degree: A person is guilty of criminal abuse in the third degree when he recklessly abuses another person or permits another person of whom he has actual custody to be abused and thereby: (1) Causes serious physical injury; or (2) Places him in a situation that may cause him serious physical injury; or (3) Causes torture, cruel confinement or cruel punishment; to a person twelve (12) years of age or less, or who is physically or mentally helpless. Criminal abuse in the third degree is a Class A misdemeanor.
CRIMINAL CASE: ... a charge filed by a prosecutor against a defendant concerning violation of a criminal law. The act of violating a criminal law is an offense against the state, not a private wrong.

CROSS EXAMINATION: ...the examination of a witness at trial, hearing, or upon taking a deposition, by the party opposing the party who called the witness. The witness being cross examined is questioned as to the evidence provided by him or her in order to test the truth or further develop the witness' testimony. In Kentucky, the attorney conducting the cross examination of the witness may ask the witness about anything within the witness' knowledge and is not limited to matters asked on direct examination.

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D

DEFENDANT: ... the person accused of committing a crime in a criminal case.
DEPOSITION: ... the testimony of a witness taken upon oral question or written question, not in open court, reduced to writing and duly authenticated, and intended to be used in preparation and upon the trial of a civil action or criminal prosecution. A pretrial discovery device by which one party (through his or her attorney) asks oral questions of the other party or of a witness for the other party. The person who is deposed is called the deponent. The deposition is conducted under oath outside of the courtroom, usually in one of the lawyer's offices. A transcript--word for word account--is made of the deposition. In some instances, a deposition may be video taped.
DIRECT EVIDENCE: ... evidence in the form of testimony from a witness who actually saw, heard, or touched the subject of questioning. Evidence, which if believed, proves existence of a fact in issue without inference or presumption.

DIRECT EXAMINATION ... the first questioning of a witness, on the merits of the case, by the party who called the witness to testify.

DISORDERLY CONDUCT (KRS 525.060)

...a person is guilty of disorderly conduct when in a public place (i.e., a place to which the public or a substantial group of persons has access) and with intent to cause public inconvenience, annoyance or alarm, or wantonly creating a risk thereof, he: (1) Engages in fighting or in violent, tumultuous or threatening behavior; or (2) Makes unreasonable noise; or (3) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or (4) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose. Disorderly conduct is a Class B misdemeanor.
DISPOSITION HEARING: ... a judicial proceeding in which a juvenile criminal defendant is sentenced or the case against the juvenile is otherwise disposed of.

DISTRICT COURT

... a court of limited jurisdiction, meaning that it only certain criminal and civil issues can be heard in the District Court. The District Court does not have the ability to hear appeals. Jefferson County makes up the thirtieth (30th) judicial district. The Jefferson District Court has twenty-three (23) District Judges. The District Court has jurisdiction over all criminal matters, including violations of city/county ordinances or codes, except for felonies or capital offenses. Thus, the District Court has jurisdictions over all misdemeanors except for those misdemeanors joined with a felony. The District Court may, for good cause shown, reduce a charge of a felony to a misdemeanor. The District Court has exclusive jurisdiction over all cases relating to juveniles. The District Court also has jurisdiction over civil cases where the amount in controversy is less than $4000.00 and over probate issues (i.e., cases relating to wills and persons who die without a will).

DIVERSION, PRE-TRIAL: ... a pretrial diversion program is in effect in Jefferson County. The pretrial diversion plan consists of the following elements:

The Commonwealth's Attorney makes a recommendation upon each application for pretrial diversion. In considering an application for pretrial diversion, the Commonwealth's Attorney checks the person's criminal record to see if he or she is eligible for the program, interviews the victim of the crime (if any) and conducts any other investigation necessary so as to enable the Commonwealth's Attorney to set proper conditions for pretrial diversion or to make the decision whether to recommend pretrial diversion. The Court disapproves or approves the diversion. The Court determines a diversion supervision fee of a sufficient amount to cover all or part of the cost participating in the diversion program. This fee is based on the person's ability to pay.

If the defendant fails to complete the pretrial diversion agreement or is not making satisfactory progress towards the completion of the agreement, a hearing will be held to determine whether the agreement should be voided and the Court should proceed on the defendant's guilty plea. If the defendant successfully completes the provisions of the agreement, the charges against the defendant shall be listed as "dismissed-diverted" and shall not constitute a criminal conviction.

DOUBLE JEOPARDY: ... the Constitutions of the United States and Kentucky provide that "no person shall, for the same offense, be twice put in jeopardy of his life or limb." Essentially, this means that no person can be tried twice for the same offense. Double jeopardy protects against second prosecution for the same offense after acquittal or conviction and against multiple punishments for the same offense. Jeopardy "attaches" in a jury trial when the jury is sworn and in a bench trial when the first witness is sworn.

DRIVING UNDER THE INFLUENCE: ... a person may be charged with a DUI when his blood alcohol concentration (BAC) is 0.08 or more. For persons under the age of twenty-one (21), a BAC of 0.02 or more is the limit over which a person may be charged with a DUI. For the first offense within a five (5) year period, the defendant may be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) or be imprisoned in the county jail for not less than forty-eight (48) hours nor more than thirty (30) days or both. If the person has a BAC of 0.18 or higher, he or she shall be sentenced to at least seven (7) days imprisonment, but the court may probate five (5) of those days. Following sentencing, the defendant may apply to the judge for permission to enter a community labor program in lieu of fine or imprisonment, or both. For the second offense within a five (5) year period, the defendant will be fined not less than three hundred dollars ($300) nor more than five hundred dollars ($500) and shall be imprisoned in the county jail for not less than seven (7) days nor more than six (6) months and, in addition to fine and imprisonment, may be sentenced to community labor for not less than ten (10) days nor more than six (6) months. If the alcohol concentration is below 0.18, for a third offense within a five (5) year period, the defendant may be fined not less than five hundred dollars ($500) nor more than one thousand ($1000) and shall be imprisoned in the county jail for not less than thirty (30) days nor more than twelve (12) months and may, in addition to fine and imprisonment, be sentenced to community labor for not less than ten (10) days nor more than twelve (12) months. If the alcohol concentration is 0.18 or above, he or she shall be guilty of a Class D felony. For a fourth or subsequent offense within a five (5) year period, the defendant shall be guilty of a Class D felony. .In addition to the penalties described above, the Court may order the defendant to attend an alcohol or substance abuse education or treatment program. The term of the program is for ninety (90) days for first offenders and for one (1) year for second and third offenders. A defendant who is ordered to attend a drug or substance abuse education or treatment program is responsible for paying the cost of the program up to his or her ability to pay. Also, a defendant who is convicted of a DUI will have his or her driver's license suspended. The periods of suspension are as follows: First offense--ninety (90) days; Second offense--twelve (12) months; Third offense--twenty-four (24) months; Fourth and subsequent offenses--sixty (60) months. For defendants under eighteen (18) who are convicted of a DUI, the period of license suspension shall be until he or she reaches the age of eighteen (18) or as provided for adult offenders, whichever results in the longer period of revocation. Operating a motor vehicle while a driver's license is revoked for DUI is a Class B misdemeanor for the first offense, a Class A misdemeanor for the second offense, and a Class D felony for the third offense. In addition, a person found to be operating a motor vehicle on a license revoked for DUI will have his driver's license revoked for twice the original period of revocation..An individual suspected of a DUI has a right to refuse the breathalyzer, but a person who does so will have his or her driver's license revoked for a period of six (6) months if it is the first time he or she has refused within a five (5) year period, eighteen months (18) for the second refusal within a five (5) year period, thirty-six (36) months for a third refusal within a five (5) year period, and sixty (60) months for a fourth or subsequent refusal within a five (5) year period.

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E

EMBEZZLEMENT

... the fraudulent appropriation of property by one lawfully entrusted with its possession. To "embezzle" means willfully to take, or covert to one's own use, another's money or property, of which the wrongdoer acquired possession lawfully, by reason of some office or employment or position of trust. In Kentucky, this crime is called "Theft by Failure to Make Required Disposition of Property." KRS 514.070. A person is guilty of theft by failure to make required disposition of property received when: (1) He obtains property upon agreement or subject to a known legal obligation to make specified payment or other disposition whether from such property or its proceeds or from his own property to be reserved in equivalent amount; and (2) He intentionally deals with the property as his own and fails to make the required payment or disposition. An officer or employee of the government or of a financial institution is presumed to know any legal obligation relevant to his criminal liability; and to have dealt with the property as his own when he fails to account or pay upon lawful demand; or an audit reveals a shortage or falsification of accounts. Theft by failure to make required disposition of property received is a Class A misdemeanor unless the value of the property is three hundred dollars ($300) or more, in which case it is a Class D felony.

EN BANC: ... "full bench." Refers to an appellate court session where the entire membership of the court will participate in the decision.

EVIDENCE: ... any type of proof legally presented at the trial of an issue, but the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc. for the purpose of inducing belief in the minds of the court or the jury as to their contention.

EX-PARTE: ... done for, on behalf of, or on the application of, one party only. A judicial proceeding, order, injunction, etc. is said to be ex parte when it is taken or granted at the instance and for the benefit of one party only, and without notice to, or contestation by, any party adversely interested.
EXPUNGMENT: ... process by which the record of a criminal conviction is destroyed or sealed after expiration of time. After an expungement, the proceedings in the matter are deemed never to have occurred. A person who has been found not guilty of a crime or for against whom charges have been dismissed may make a motion in the Jefferson District Court to expunge all records relating to the offense. This petition shall be filed no sooner than sixty (60) days following the order of acquittal or dismissal by the Court. A person who has been convicted of a misdemeanor or a violation, may petition the court in which he was convicted for expungement or his misdemeanor or violation record. The petition for expungement may not be filed until at least five (5) years after completion of the person's sentence or five (5) years after completion of the person's probation, whichever occurs later. The arrest record of anyone accused by his spouse of a sexual offense under KRS Chapter 510 shall be expunged if the charge was either dismissed or a verdict of not guilty on such charge was entered.; Any juvenile who has been adjudicated a youthful offender may petition the court for expungement of his juvenile records, unless such adjudications involved guilt or an offense which would have been a felony if the offense had been committed by an adult. The petition for expungement shall be made no earlier than two years after the District Court loses jurisdiction over the person making the motion. There is NO provision in Kentucky law for expungement of a felony conviction.

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F

FAMILY COURT: ... in addition to civil and criminal matters, the Jefferson County court system also has a family court division. The mission of the Jefferson Family Court is to provide a central forum for fair and prompt resolution of legal problems affecting families and children. The "one judge, one staff, one family" rule is followed whenever possible. The Family Court handles issues such as divorce, child custody, visitation, adoption, child and spousal support, termination of parental rights, paternity, neglect, abuse, dependency, abandonment and status offenses (beyond control, runaway and truancy)

FELONY... a crime carrying more than one year possible incarceration. In Kentucky, felonies are divided into five classes:

	Capital Offenses -an offense carrying a sentence of death, a term of imprisonment of live without parole, or a term of imprisonment without parole until he has served at least twenty-five (25) years, or a term of not less than twenty (20) years nor more than fifty (50) years
	Class A Felony -an offense carrying a sentence of at least twenty (20) years but not more than fifty (50) years
	Class B Felony -an offense carrying a sentence of at least ten (10) years but nor more than twenty (20) years
	Class C Felony -an offense carrying a sentence of at least five (5) years but not more than ten (10) years
	Class D Felony -an offense carrying a sentence of at least one (1) year but not more than five (5) years

FIREARM... any weapon which will expel a projectile by the action of an explosive. See KRS 237.060 and KRS 527.010

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G

GRAND JURY: ... consists of twelve (12) persons, nine (9) of which must agree in order to find an indictment. A new grand jury in Jefferson County is selected and sworn each month. A regular grand jury shall remain in service until discharged by the court but shall not remain in session longer than twenty (20) days unless necessary to complete work on a case in which testimony has already been taken.
: Subject to the right of a person indicted to procure a transcript or recording of the grand jury proceedings, all persons present during any part of the grand jury proceedings shall keep the proceedings secret. No person other than the grand jurors themselves may be present during the grand jury's deliberations. The grand jury, upon the defendant's request, may hear evidence from the defendant, but is not required to do so. The grand jury has the power to compel testimony. The Commonwealth's Attorney shall be present at the proceedings when requested by the jurors or may appear on his own initiative in order to seek an indictment against a particular defendant. The grand jurors shall find an indictment where they have received what they believe to be sufficient evidence to support it.

GUARDIAN AD LITEM (GAL): ... appointed by the court in which a particular litigation is pending to represent an infant, ward or unborn person in that particular litigation. The status of guardian ad litem exists only in that specific litigation in which the appointment occurs.

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H

HABEAS CORPUS: ... a writ (order) to bring a person before a court. In its most common usage, the writ directs a warden or jailer to bring a prisoner or person detained so that the court may determine whether such person is lawfully confined. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.

HANDGUN: ... means any pistol or revolver originally designed to be fired by the use of a single hand, or any other firearm originally designed to be fired by the use of a single hand.
HEARSAY: ... a statement made outside of court (that is, not from the witness stand in the present proceeding) that is offered into evidence to prove that the content of the statement was true, not merely that the statement was made. Dozens of long-established exceptions exist to the general rule that hearsay statements are inadmissible in court; the exceptions are based on circumstances where the out-of-court statements carry a likelihood of trustworthiness (for example, deathbed statements, self-incriminating statements, statements made to doctors about medical conditions).

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I

IMPEACHMENT: ... the process of calling something into question, as in "impeaching the testimony of a witness." Impeachment generally challenges a witness' credibility with evidence of bias, prior inconsistent statements, etc.
INDICTMENT: ... formal accusation of a felony, issued by a grand jury after considering evidence presented by the Commonwealth's Attorney. An indictment is referred to as a "true bill"; failure to indict is called a "no bill".
INFORMATION: ... an accusation similar to an indictment, except that it is presented by a competent public officer on his oath instead of by a grand jury on its oath. According to Section 12 of the Kentucky Constitution, no person, for an indictable offense, shall be proceeded against by information. But for these offenses, prosecution can be by information. The Kentucky rules require that the Commonwealth's Attorney, if proceeding against a defendant by indictment, charge the commission of an offense either upon his own knowledge, information and belief, or in his discretion upon the basis of a verified complaint submitted to him.

INJUNCTION: ... a court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. Generally, it is a prohibitive and protective remedy, aimed at future acts, and is not intended to undo past wrongs. Often used in civil cases where monetary damages are not enough to repair the wrong done or caused to the plaintiff.

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JUDGE: ... the person who presides over the Court. Judges in Jefferson District and Circuit Courts are elected to their respective positions. The role of the judge is to administer the law in a court of justice, to control the court proceedings, and to decide questions of law or questions which require the judge's discretion.
JURISDICTION: ... the power of the court to decide a matter in controversy. To have jurisdiction, the court must have control over the subject matter and the parties. Jurisdiction defines the powers of courts to inquire into facts, apply the law, make decisions and declare judgment. Jurisdiction may also be used to refer to the geographic area in which a court has power.
JURY: ... a certain number of men and women selected according to law, and sworn to inquire of certain matters of fact, and declare the truth upon evidence to be laid before them. A jury is a body of persons temporarily selected from the citizens of a particular district, and invested with power to present or indict a person for a public offense, or to try a question of fact.
JUVENILE: ... a young person who has not yet reached the age at which he or she should be treated as an adult for purposes of the criminal law. In Kentucky, a person is considered a juvenile until he or she has reached the age of eighteen (18).

JUVENILE COURT: ... is divided into two sections based alphabetically on the last name of the juvenile. Section 88 meets at 9:00 a.m. on the third floor of the Hall of Justice and encompasses those last names beginning with letters A - M. Section 99 begins at 1:00 p.m. on the third floor of the Hall of Justice and encompasses those last names with letters beginning with letters N - Z. The Jefferson District Court Juvenile Division is responsible for the administration of all juvenile crime in Jefferson County as well as a portion of status offenses (Beyond Control, Truancy, et al.). Juveniles are afforded all the rights of an adult in are represented by counsel. The maximum disposition for a juvenile convicted in Jefferson County is 90 days to serve or commitment to the Department of Juvenile Justice for a period of months or years. Once committed a juvenile may be placed in the Community or in one of many juvenile detention facilities throughout the Commonwealth. Juvenile Court also has initial jurisdiction over those cases involving juvenile defendants that may result in the juvenile being tried as an adult (Waived to Circuit Court) pursuant to KRS Chapter 640 in Jefferson Circuit Court. Once waived to Circuit Court for prosecution, a juvenile will be treated the same as an adult in most respects including sentencing and punishment. Juvenile Court proceedings are confidential. The only individuals allowed to attend a proceedings are relevant attorneys (prosecution and defense), parents of the juvenile and victims of the juveniles crime. Likewise, juvenile case files are confidential to the general public but are available to victims of juvenile crimes to get relevant information for civil litigation purposes. The legislative intent of juvenile court is one of rehabilitation rather than punishment.

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K

KIDNAPPING (KRS 509.040): ... a person is guilty of kidnapping when he unlawfully restrains another person and when his intent is: (1) To hold him for ransom or reward; or (2) To accomplish or advance the commission of a felony; or (3) To inflict bodily injury or to terrorize the victim or another; or (4) To interfere with the performance of a governmental or political function; or (4) To use him as a shield or hostage. Kidnapping is a Class B felony when the victim is released alive and in a safe place prior to trial, except as otherwise provided in this section. Kidnapping is a Class A felony when the victim is released alive but has suffered serious physical injury during the kidnapping, or as a result of not being released in a safe place, or as a result of being released in any circumstances which are intended, known or should have been known to cause or lead to serious physical injury. Kidnapping is a capital offense when the victim is not released alive or when the victim is released alive but subsequently dies as a result of: (a) Serious physical injuries suffered during the kidnapping; or (2) Not being released in a safe place; or (3) Being released in any circumstances which are intended, known or should have been known to cause or lead to the victim's death. It is a defense in a prosecution for kidnapping that the defendant was a relative of the victim and his sole purpose was to assume custody of the victim.
K.R.S. - KENTUCKY REVISED STATUTES: ... the body of law enacted by the Kentucky state legislature.

L

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MANSLAUGHTER
... there are two degrees of manslaughter in Kentucky: First Degree: A person is guilty of manslaughter in the first degree when: (1) With intent to cause serious physical injury to another person, he causes death of such person or of a third person; or (2) With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance. Manslaughter in the first degree is a Class B felony.
Second Degree: A person is guilty of manslaughter in the second degree when, including, but not limited to, the operation of a motor vehicle he wantonly causes the death of another person. Manslaughter in the second degree is a Class C felony.
MARIJUANA: ... means all parts of the plant Cannabis sp., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin or any compound, mixture, or preparation which contains any quantity of these substances. Trafficking in marijuana: A person is guilty of trafficking in marijuana when he knowingly and unlawfully traffics in marijuana. (KRS 218A.010 defines "traffic" to mean to manufacture, distribute, dispense, sell, transfer or possess with intent to manufacture, distribute, dispense or sell a controlled substance.) Trafficking in less than eight (8) ounces of marijuana is a Class A misdemeanor for a first offense and a Class D felony for a second or subsequent offense. Trafficking in eight (8) or more ounces but less than five (5) pounds of marijuana is a Class D felony for a first offense and a Class C felony for a second or subsequent offense. Trafficking in fiver (5) or more pounds of marijuana is a Class C felony for a first offense and a Class B felony for a second or subsequent offense. The unlawful possession by any person of eight (8) or more ounces of marijuana shall be prima facie evidence that the person possessed the marijuana with the intent to sell or transfer it. Possession of marijuana: A person is guilty of possession of marijuana when he knowingly and unlawfully possesses marijuana. Possession of marijuana is a Class A misdemeanor. Marijuana cultivation: A person is guilty of marijuana cultivation when he knowingly and unlawfully plants, cultivates or harvests marijuana with the intent to sell or transfer it. Marijuana cultivation of five (5) or more plants is a Class D felony for a first offense and a Class C felony for a second or subsequent offense. Marijuana cultivation of fewer than five (5) plants is a Class A misdemeanor for a first offense and a Class D felony for a second or subsequent offense. The planting, cultivating or harvesting of five (5) or more marijuana plants shall be prima facie evidence that the marijuana plants were planted, cultivated or harvested for the purpose of sale or transfer.
MATTER: ... as relates to sexual exploitation of minors, KRS 531.00(2) defines "matter" as any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or materials.
MINOR: ... a youth under a law's age of majority. In Kentucky, the age of majority is eighteen (18) years of age.
MISDEMEANOR

... an offense, other than a traffic infraction, for which a sentence term of imprisonment of not more than twelve (12) months can be imposed.
Class A Misdemeanor: Any offense for which the sentence of imprisonment falls between ninety (90) days and twelve (12) month
Class B Misdemeanor: Any offense for which the sentence of imprisonment is a maximum of ninety (90) days or less.

MOTIVE

... cause or reason that moves the will and induces action. An idea, belief or emotion that impels or incites one to act in accordance with his state of mind or emotion. Motive refers the circumstance tending to establish the requisite mens rea (i.e., mental state) for a criminal act and is the inducement which impels or leads the mind to indulge in a criminal act.
MURDER: ... a person is guilty of murder when: (a) With intent to cause the death of another person he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty of murder if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of manslaughter in the first degree or any other crime; or (b) Including, but not limited to, the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to another person and thereby causes the death of another person. Murder is a capital offense.

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N

NEGLIGENCE

... the omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do.

	*Slight Negligence:* A failure to exercise great care. It is an absence of that degree of care which persons of extraordinary prudence and foresight are accustomed to use.
	Ordinary Negligence: The omission of that care which a person of common prudence usually takes of his own concerns. It is a lack of the care that the great majority of mankind exercise under the same and similar circumstances.
	Gross Negligence: The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another. It amounts to an indifference to present legal duty and to utter forgetfulness of legal obligations so far as other persons may be affected.

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ORDER

... a command or direction authoritatively given; rule or regulation. It is the direction of a court of judge made or entered in writing, and not included in a judgment, which determines some point or directs some step in the proceedings.

ORDINANCE: ... enactments of the legislative body of a municipal corporation. An ordinance is the equivalent of a municipal statute, passed by the city council or equivalent body, and governing matters not already covered by federal or state law. Ordinances commonly govern zoning, building safety, etc. For example, the Board of Alderman enacts ordinances that govern the City of Louisville and the members of Jefferson County Fiscal Court enact ordinances applicable to Jefferson County. (The future Louisville Metro Council will enact ordinances applicable to all of Greater Louisville.)

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PAROLE: ... the recommendation by the state parole board for the conditional release from prison of a convict before the expiration of a felony sentence. The parolee (the released person) need not serve the remainder of his sentence, unless he violates terms of his release. The parolee is under the supervision of a state parole officer during the parole period.

PATERNITY: ... establishing legal "fatherhood". In a contested paternity case, the child, the mother and the potential father must submit to genetic testing upon the request of any of the parties. Once paternity is established, the father has a duty to support the child.

PERJURY: ... knowingly making a material false statement while under oath to tell the truth. A "material false statement" is any false statement, regardless of its admissibility under the rules of evidence, which could have affected the outcome of the proceeding. Whether a falsification is material in a given factual situation is a question of law. Kentucky recognizes two degrees of perjury:
First Degree: A person is guilty of perjury in the first degree when he makes a material false statement, which he does not believe, in any official proceeding under an oath required or authorized by law; or when he makes a material false statement which he does not believe in a subscribed written instrument for which an oath is required or authorized by law, with the intent to mislead a public servant in the performance of his official functions when such person is subscribing a warrant accusing his spouse of an offense under KRS Chapter 510 (which deals with sexual offenses). Perjury in the first degree is a Class D felony.
Second Degree: A person is guilty of perjury in the second degree when he makes a material false statement which he does not believe in a subscribed written instrument for which an oath is required or authorized by law with the intent to mislead a public servant in the performance of his official functions. Perjury in the second degree is a Class A misdemeanor.
P.F.O. - PERSISTENT FELONY OFFENDER: ... a persistent felony offender in the first degree is a person who is more than twenty-one (21) years of age and who stands convicted of a felony after having been convicted of two (2) or more felonies. A persistent felony offender in the second degree is a person who is more than twenty-one (21) years of age and who stands convicted of a felony after having been convicted of one (1) previous felony. A previous felony conviction is a conviction of a felony in Kentucky or a conviction in any other jurisdiction provided: (a) That a sentence to a term of imprisonment of one (1) year or more or a sentence to death was imposed therefore; and (b) That the offender was over the age of eighteen (18) years of age at the time the offense was committed; and (c) That the offender: (1) Completed service of the sentence imposed on the previous felony conviction within five (5) years prior to the date of the commission of the felony for which he now stands convicted; or (2) Was on probation, parole, conditional discharge, conditional release, furlough, appeal bond, or any other form of legal release from any of the previous felony convictions at the time of commission of the felony for which he now stands convicted; or (3) Was discharged from probation, parole, conditional discharge, conditional release, or any other form of legal release on any of the previous felony convictions within five (5) years prior to the date of commission of the felony for which he now stands convicted; or (4) Was in custody from the previous felony conviction at the time of commission of the felony for which he now stands convicted; or (5) Had escaped from custody while serving any of the other previous felony convictions at the time of the commission of the felony for which he now stands convicted.
A person found to be a persistent felony offender in the first degree shall be sentenced as follows:: (a) If the offense for which he presently stands convicted is a Class A or Class B felony, the sentence shall be a term of imprisonment which shall not be less than twenty (20) years nor more than fifty (50) years or life imprisonment.
(b) If the offense for which he presently stands convicted is a Class C or Class D felony, the sentence shall be a term of imprisonment which shall not be less than (10) years nor more than twenty (20) years. A person found to be a persistent felony offender in the second degree shall be sentenced to a term of imprisonment for the next highest degree than the offense for which convicted. For example, if the offense for which he now stands convicted is a Class C felony, which has a sentence of five (5) to ten (10) years, he will be sentenced according to the Class B felony sentencing guidelines, which are ten (10) to twenty (20) years.
PLAINTIFF: ... the person who originally filed a court action.

PLEA: ... the defendant's response to a criminal charge (guilty or not guilty).
PLEA AGREEMENT / BARGAIN: ... an agreement between the prosecutor and the defendant for the defendant to plead guilty under certain terms and conditions. The agreement could include the defendant pleading to all pending charges with a sentence agreement, or pleading to less than all of his pending charges, or pleading to a less serious charge, or pleading guilty to one or more pending charges in exchange for dismissal of other unrelated charges. All plea agreements must be approved by the judge. Plea agreements are a means of arriving at a reasonable disposition without a trial.

POSSESSION OF FIREARM BY CONVICTED FELON: ... a person is guilty of possession of a firearm by a convicted felon when he possesses, manufactures, or transports a firearm when he has been convicted of a felony, as defined by the laws of the jurisdiction in which he was convicted, in any state or in federal court and has not: (a) Been granted a full pardon by the Governor or by the President of the United States; (b) Been granted relief by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1968. Possession of a firearm by a convicted felon is a Class D felony possessed is a handgun in which case it is a Class C felony. The above provisions also apply to any youthful offender convicted of a felony under the laws of Kentucky. These provisions with respect to handguns apply to persons convicted after January 1, 1975 and with respect to other firearms to persons convicted after July 15, 1994.
PRECEDENT: ... a court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

PRELIMINARY HEARING: ... a district court evidentiary hearing for felonies where the prosecutor must present evidence amounting to at least probable cause that the charged felony crime(s) in fact occurred and that the defendant committed it (them). Generally, the prosecutor presents just a fraction of his total evidence and witnesses. The defendant (or his attorney) can cross-examine the Commonwealth's witnesses, and present his own proofs to refute the Commonwealth's evidence. If the prosecutor meets the burden of proof, the case is referred to the grand jury for indictment and further proceedings.
PRE-TRIAL CONFERENCE: ... a scheduled meeting between the prosecutor and defendant (or defense attorney), generally weeks before the trial date, to discuss plea bargains and trial issues. The judge does not actively participate in misdemeanor pretrial conferences in district court, unless the meeting results in a plea. A circuit court judge may participate in a felony pretrial conference.
PROBABLE CAUSE: ... facts and circumstance sufficient to convince a person of reasonable caution that an offense has been committed and that the defendant committed it; mere suspicion or belief, unsupported by facts or circumstances, is insufficient. A search warrant may be authorized, or a warrantless arrest may be made, upon probable cause.
PROBATE COURT: ... has primary jurisdiction for cases involving wills, guardians and conservators, and mentally ill or developmentally disabled persons. Probate Court is a division of Jefferson District Court.
PROBATION: ... a discretionary sentencing option for most misdemeanor and felony convictions where the defendant avoids some/all incarceration, and is released back into the community under the supervision of a probation officer for a specific time period with many rules to follow. Some rules are standard (i.e., to not violate any more laws), while others are specific to the defendant or crime (i.e., alcohol counseling when convicted of DUI). If the defendant violates any term of probation, the assigned probation officer (or the prosecutor) can ask the sentencing judge to impose additional penalties and/or to revoke probation and send the defendant back to jail.
PRO PER / PRO SE: ... a person who represents himself or herself in court without an attorney. The term comes from the Latin phrase in propria persona.
PROPERTY BOND: ... is the posting, by the defendant or a third party, of real property, only the part in which they actually have ownership, to the court to insure the defendant's appearance at all future proceedings. A property bond is usually double the amount of a full cash bond and can be forfeited to the Court if the defendant fails to appear.
PROSECUTOR: ... an elected or appointed official vested with authority by a constitution, statute or ordinance to represent the public interest and take legal action against persons violating state or local criminal laws. In Kentucky, the felony prosecutor is elected and is called the Commonwealth's Attorney; the attorneys who assist the Commonwealth's Attorney are called Assistant Commonwealth's Attorneys. Jefferson County also has a County Attorney and Assistant County Attorneys; their role is to prosecute misdemeanor offenses.
.PUBLIC ADVOCATE (or PUBLIC DEFENDER): ... the United States and Kentucky Constitutions guarantee legal representation to every individual accused of committing a jailable offense or an offense for which a fine of five hundred dollars ($500) or more could be imposed. Public defendants are the attorneys who represent those defendants who are unable to pay for an attorney. Such persons are called "indigent". In order to qualify for the appointment of a public advocate, the defendant must be a "needy person." A needy person is: (a) A person, eighteen (18) years of age or older, or an emancipated minor under the age of eighteen (18), who at the time his need is determined is unable to provide for the payment of an attorney and all other necessary expenses of representation; (b) A minor, under the age of eighteen (18), who is a party defendant to an action brought under KRS 630.020(2)(relating to a minor refusing to subject himself to his parent or other adult person in a position of control), and at the time his need is determined is unable to provide for the payment of an attorney and all other necessary expenses of representation; (c) An unemancipated minor, under the age of eighteen (18), alleged to have committed an offense as described in KRS 610.010(1)(a) (offenses over which the Juvenile Court has jurisdiction), whose custodial parent at the time the need of the minor is determined is unable to provide for the payment of an attorney and all other necessary expenses of representation, and who cannot personally so provide; or (4) An unemancipated minor, under the age of eighteen (18), alleged to have committed an offense as described in KRS 610.010(1)(a), whose custodial parent or guardian at the time the need of the minor is determined is unable to provide for the payment of an attorney and all other necessary expenses of representation, when such representation is not provided or is not consented to by the unemancipated minor.; A -B - C - D - E - F - G - H - I - J - K - L - M - N - O - P - Q - R - S - T - U - V - W - X - Y - Z

Q

QUASH: ... to nullify, void or declare invalid.

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RAPE: ... Inherent in the crime of rape is that the victim did not consent to the sexual acts. Kentucky has three degrees:
First Degree: A person is guilty of rape in the first degree when: (a) He engages in sexual intercourse with another person by forcible compulsion; (b) He engages in sexual intercourse with another person who is incapable of consent because he: (1) Is physically helpless; or (2) Is less than twelve (12) years old. Rape in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony.
Second Degree: A person is guilty of rape in the second degree when, being eighteen (18) years old or more, he engages in sexual intercourse with another person less than fourteen (14) years old. Rape in the second degree is a Class C felony.; Third Degree: A person is guilty of rape in the third degree when (a) He engages in sexual intercourse with another person who is incapable of consent because he is mentally retarded or mentally incapacitated; or (b) Being twenty one (21) years old or more, he engages in sexual intercourse with another person less than sixteen (16) years old. Rape in the third degree is a Class D felony.
REASONABLE DOUBT: ... a fair, honest doubt based on the evidence produced at trial (or missing from the proofs). A reasonable doubt must be based on reason and common sense, not on conjecture, speculation, possibilities or imaginary scenarios.
RECKLESS HOMICIDE: .. a person is guilty of reckless homicide when , with recklessness he causes the death of another person. Reckless homicide is a Class D felony.
REMAND: ... when an appellate court sends a case back to a lower court for further proceedings.
RESISTING ARREST: ... a person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a peace officer, recognized to be acting under color of his official authority, from effecting an arrest of the actor or another by: (a) Using or threatening to use physical force or violence against the peace officer or another; or (b) Using any other means creating creating a substantial risk of causing physical injury to the peace officer or another. Resisting arrest is a Class A misdemeanor.
RESTITUTION: ... any form of compensation paid by a convicted person to a victim for counseling, medical expenses, lost wages due to injury, or property damage and other expenses suffered by a victim because of a criminal act. KRS 532.350(1)(a).

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S

SEARCH WARRANT: ... a court order that a specific location may be searched for items which, if found, can be seized by the government for possible use in court as evidence.
SELF DEFENSE: ... the use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person. The use of deadly physical force by a defendant upon another person is justifiable only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat.

SENTENCE: ... the punishment ordered by a court for a defendant convicted of a crime.

SEQUESTER/SEQUESTRATION: ... to separate. A procedure to shelter a trial participant from outside influences. The term most frequently applies to witnesses, and prevents them from watching court proceedings and testimony (or talking outside the courtroom to other witnesses) before they actually testify. In very rare cases, a jury can be sequestered during part or all of a trial.

SEXUAL EXPLOITATION OF MINORS: Use of a Minor in Sexual Performance: A person is guilty of the use of a minor in a sexual performance if he employs, consents to, authorizes or induces a minor to engage in a sexual performance. Use of a minor in a sexual performance is: (a) A Class C felony if the minor so used is less than eighteen (18) years old at the time the minor engages in the prohibited activity; (b) A Class B felony if the minor so used is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and (c) A Class A felony if the minor so used incurs physical injury thereby. Promoting a Sexual Performance by a Minor: A person is guilty of promoting a sexual performance by a minor when, knowing the character and content thereof, he produces, directs or promotes any performance which includes sexual conduct by a minor. Promoting a sexual performance by a minor is: (a) A Class C felony if the minor involved in the sexual performance is less than eighteen (18) years old at the time the minor engages in the prohibited activity; (b) A Class B felony if the minor involved in the sexual performance is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and (c) A Class A felony if the minor involved in the sexual performance incurs physical injury thereby. Possessionof Matter Portraying a Sexual Performance by a Minor: A person is guilty of possession of matter portraying a sexual performance by a minor when, having knowledge of its content, character, and that the sexual performance is by a minor, he knowingly has in his possession or control any matter which visually depicts an actual sexual performance by a minor person. Possession of matter portraying a sexual performance by a minor is a Class A misdemeanor for the first offense and a Class D felony for the second and subsequent offenses. Distribution of Matter Portraying a Sexual Performance by a Minor: A person is guilty of distribution of matter portraying a sexual performance by a minor when, having knowledge of its content and character, he (a) Sends or causes to be sent into this state for sale or distribution; or (b) Brings or causes to be brought into this state for sale or distribution; or (c) In this state, he: (1) Exhibits for profit or gain; or (2) Distributes; or (3) Offers to distribute; or (4) Has in his possession with intent to distribute, exhibit for profit or gain or offer to distribute, any matter portraying a sexual performance by a minor. Any person who has in possession more than one (1) unit of material shall be rebuttably presumed to have such material in his presence with the intent to distribute it. Distribution of matter portraying a sexual performance by a minor is a Class D felony.

SEXUAL OFFENDER: ... a person is considered to be a sexual offender when he (a) Has been adjudicated guilty of any offense described in KRS Chapter 510 (Sexual Offenses); or (b) Has been adjudicated guilty of other felony committed in conjunction with a misdemeanor under KRS Chapter 510 (Sexual Offenses); or (c) Has been adjudicated guilty of any felony under KRS 506.010 (Criminal Attempt) when the crime attempted is a felony or misdemeanor described in KRS Chapter 510; or (d) Has been adjudicated guilty of a felony offense under KRS 530.020 (Incest); or (e) Has been adjudicated guilty of a felony offense relating to sexual activity under KRS 530.064 (Unlawful Transaction with a Minor in the First Degree); or (f) Has been adjudicated guilty of a felony offense under KRS 531.310 (Use of a Minor in a Sexual Performance). Sexual offenders are required to register with the state-wide sexual offender registry and to complete the sexual offenders treatment program.

SHOW CAUSE HEARING: ... a court hearing held so a person can explain why (s)he should not be considered in violation of a specific court order.
SIDEBAR: ... refers to position at side of the judge's bench where trial counsel and judge discuss matters outside of the hearing of the jury. Such conferences must be recorded if they are to be considered on appeal.
SMALL CLAIMS COURT: ... a division of the Jefferson District Court in which civil lawsuits seeking small monetary damages are heard. The parties normally represent themselves without attorneys. Jury trials are not allowed. If either party objects to these conditions, the case will be transferred to the Civil Division of the Jefferson District Court.
SPECIFIC INTENT: ... the mental purpose to accomplish a specific act prohibited by law. The most common usage of "specific intent" is to designate a special mental element which is required above and beyond any mental state required with respect to the act of the crime.
STALKING

First Degree: A person is guilty of stalking in the first degree, (a) When he intentionally: (1) Stalks another person; and (2) Makes an explicit or implicit threat with the intent to place that person in reasonable fear of sexual contact, serious physical injury or death; and (b) (1) A protective order or other judicial order has been issued by the court to protect the same victim or victims and the defendant has been served with the summons or order or has been given actual notice; or (2) A criminal complaint is currently pending with a court, law enforcement agency or victims and the defendant has been served with a summons or warrant or has been given actual notice; or (3) The defendant has bee convicted of or plead guilty within the previous five (5) years to a felony or to a Class A misdemeanor, other than a violation of KRS 508.150 (Stalking in the Second Degree), against the same victim or victims; or (4) The act or acts were committed while the defendant had a deadly weapon on or about his person. Stalking in the first degree is a Class D felony.; Second Degree: A person is guilty of stalking in the second degree when he intentionally: (a) Stalks another person; and (b) Makes an explicit or implicit threat with the intent to place that person in reasonable fear of sexual contact, physical injury or death. Stalking in the second degree is a Class A misdemeanor.
STANDING: ... a party's right to make a legal claim, or to seek judicial enforcement of a right or duty.

STARE DECISIS: ... the doctrine that once a principle of law has been determined to be applicable to certain facts, that principle will be followed in future cases involving substantially identical facts.

STATUTE: ... a law passed by a legislature. Kentucky's body of statutory law enacted by its legislature is called the Kentucky Revised Statutes (KRS).

STATUTE OF LIMITATIONS: ... deadlines set by statute for filing criminal charges or civil lawsuits within a certain time after events occur that are the source of the charge or claim. The time limit on the right to seek relief in court.

SUBPOENA: ... a court order requiring a person to appear in court and give testimony as a witness, and/or to produce documents. An employer cannot act upon or threaten to discharge or discipline a witness for missing work to testify in court when subpoenaed.

SUBPOENA DUCES TECUM: ... a court order to produce written documents.

SUPREME COURT: ... the highest appeals court in Kentucky. An appellant files an application for "leave to appeal" in the Supreme Court, which the Court can grant (accept) or deny (reject) at its discretion. If an application is granted, the Supreme Court will hear the case; if denied, the decision made by the lower court remains unchanged. The Supreme Court usually selects cases involving important constitutional issues and questions of public policy. The Supreme Court also has administrative duties --- general administrative supervision of all courts in the state, establishing rules for practice and procedure in all Kentucky courts, etc.
The Kentucky Supreme Court consists of a Chief Justice and six associate Justices. The Chief Justice is elected by the justices and serves as Chief Justice for a term of four (4) years. The justices of the Supreme Court are appointed to their respective positions.

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TESTIMONY: ... evidence presented orally and under oath by witnesses during trials or other court proceedings.

THEFT: Theft by Unlawful Taking or Disposition: A person is guilty of theft by unlawful taking or disposition when he unlawfully: (a) Takes or exercises control over movable property of another with intent to deprive him thereof; or (b) Obtains immoveable property of another or any interest therein with intent to benefit himself or another not entitled thereto. Theft by unlawful taking or disposition is a Class A misdemeanor unless the value of the property is three hundred dollars ($300) or more, or unless the property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony. Theft by Deception: A person is guilty of theft by deception when the person obtains property or services of another by deception with intent to deprive the person thereof. A person deceives when he intentionally: (a) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind; (b) Prevents another from acquiring information which would affect judgment of a transaction; (c) Fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows to be influencing another to whom the person stands in a fiduciary or confidential relationship; (d) Fails to disclose a known lien, adverse claim, or other legal impediment to the enjoyment of property which the person transfers or encumbers in consideration for the property obtained, whether the impediment is or is not valid or is or is not a matter of official record; or (e) Issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee. Theft by deception is a Class A misdemeanor unless the value of the property, service or the amount of the check or sight order is three hundred dollars ($300) or more, in which case it is a Class D felony. Theft of Services: A person is guilty of theft of services when: (a) The person intentionally obtains services by deception or threat or by false token or other means to avoid payment for the services which he knows are available only for compensation; (b) The person intentionally obtains wireless communications services or access to services by any of the following means: (1) Unauthorized interception of any electronic serial number, mobile identification number, personal identification number, or like identifying number; (2) Unauthorized interception or any cellular service or personal communications service; (3) Unauthorized interception of any similar telephone service; or (4) Use of deception, threat, or other means to avoid payment for the services which the person knows are available only for charge or compensation; or (c) Having control over or unauthorized access to the use of the services of others to which the person is not entitled, the person intentionally diverts the services to the person's own benefit or the benefit of another not entitled thereto. Theft of services is a Class A misdemeanor unless the value of the service is three hundred dollars ($300) or more, in which case it is a Class D felony. Theft by Extortion: A person is guilty of theft by extortion when he intentionally obtains property of another by threatening to: (a) Inflict bodily injury on anyone or commit any other criminal offense; or (b) Accuse anyone of a criminal offense; or (c) Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute; (d) Use wrongfully his position as a public officer or servant or employee by performing some act within or related to his official duties, either expressed or implied, or by refusing or omitting to perform an official duty, either expressed or implied, in a manner affecting some person adversely; or (e) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or (f) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense. Theft by extortion is a Class A misdemeanor unless the value of the property obtained is three hundred dollars ($300) or more, in which case it is a Class D felony.
TRANSCRIPT: ... the official record of the testimony adduced in a trial or hearing. A written, word-for-word record of what was said.

TRUTH IN SENTENCING: ... refers to the law mandating a "penalty phase" of a trial after a defendant is found guilty in the "guilt phase" of the trial

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U

UNLAWFUL TRANSACTION WITH A MINOR: First Degree: A person is guilty of unlawful transaction with a minor in the first degree when he knowingly induces, assists, or causes a minor to engage in illegal sexual activity, or in illegal controlled substances activity other than activity involving marijuana, except those offenses involving minors in KRS Chapter 531 (Pornography) and KRS 529.030 (Promoting prostitution in the first degree). Unlawful transaction with a minor is a: (a) Class C felony if the minor so used is less than eighteen (18) years old at the time the minor engages in the prohibited activity; (b) Class B felony if the minor so used is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and (c) Class A felony if the minor so used incurs physical injury thereby.
Second Degree: A person is guilty of unlawful transaction with a minor in the second degree when he knowingly induces, assists, or causes a minor to engage in illegal controlled substances activity involving marijuana, illegal gambling activity, or any other criminal activity constitution a felony. Unlawful transaction with a minor in the second degree is a Class D felony.; Third Degree: A person is guilty of unlawful transaction with a minor in the third degree when: (a) Acting other than as a retail licensee, he knowingly purchases or procures any alcoholic or malt beverage in any form to or for a minor. The defendant ma prove in exculpation that the sale was induced by the use of false, fraudulent or altered identification papers or other documents and that the appearance and character of the purchaser were such that his age could not have been ascertained by any other means that that the purchaser's appearance and character indicated strongly that he was of legal age to purchase alcoholic beverages. This subsection does not apply to a parent or guardian of a minor; (b) He knowingly induces, assists, or causes a minor to engage in any other criminal activity; (c) He knowingly induces, assists or causes a minor to become habitually truant; or (d) He persistently and knowingly induces, assists or causes a minor to disobey his parent or guardian. Unlawful transaction with a minor in the third degree is a Class A misdemeanor.

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VENUE: ... the geographic location (for example, city or county) where an event occurred. A "change of venue" happens when a case is moved to a court in another county or to a court having other jurisdictional powers ... generally because the case should have been filed there originally, or for the convenience of the parties or witnesses, or because a fair trial cannot be had in the original court's location.

VERDICT: ... the decision of a jury or a judge.

VICTIM: ... a person or entity who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime.

VOIR DIRE: ... the process of jury selection, generally involving the judge and attorneys asking potential jurors about their experiences and beliefs. The purpose is to determine if the jurors are appropriate for sitting on the case at hand, particularly their willingness to decide the case only on the evidence presented in court. This French term means "to speak the truth".
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W

WARRANT: ... a court order authorizing an arrest.

WITNESS: ... person who comes to court (sometimes by subpoena) and swears under oath to give truthful evidence.

WORK RELEASE: ... a probation program where the defendant is permitted to maintain employment while residing in the county jail. The defendant leaves jail on work days only for his work hours, plus limited travel time. A defendant who is in prison is not eligible for work release.

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