DEFINITION OF TERMS ON CRIMINAL PROCEDURE:

1. ACCESSORY OBLIGATION - One which is attached to a principal obligation and, therefore, cannot stand
alone

2. ACCESSION - The fruits of a thing or additions to or improvements upon a thing (the principal)

3. ACCESSORIES - Things joined to or included with the principal thing for the latter's embellishment, better use
or completion.

4. ACCUSED- A person who is believed to have committed a crime but has not yet been put on trial.

5. ACQUITTAL- A final decision by the judge or the jury that the defendant is not guilty beyond a reasonable
doubt of the crime charged.

6. ACTIVE SOLIDARITY - Solidarity on the part of the creditors, where any one of them can demand the
fulfillment of the entire obligation; essential feature is that of mutual representation among the solidary
creditors with powers to exercise the rights of others in the same manner as their rights

7. ACTS OF GOD - Events which are totally independent of the will of every human being, e.g. earthquake, flood,
rain, shipwreck, lightning, volcanic eruption

8. ACTS OF MAN - e.g. war, fire, robbery, murder, insurrection

9. ADJUDICATE - To decide an issue in a case.

10. AFFIDAVIT - A statement of facts that is written down and the truth of which is sworn to before an officer who
can administer oaths.

11. AFFIDAVIT OF DESISTANCE - the complainant states that he did not really intend to institute the case and
that he is no longer interested in testifying or prosecuting.

12. AFFIRM - A legal finding by a higher court on appeal that the ruling or decision of the lower court was legally
correct.

13. AGGRAVATING FACTOR/CIRCUMSTANCE - A fact or situation related to the defendant or the crime that
may be used by the court to enhance the severity of defendant’s sentence.

14. ALLEGATION - Something declared to be true in legal papers; a formal statement of fact as true but yet to be
proven

15. ALLOCUTION - A statement of a convicted defendant or the victim before defendant is sentenced.

16. ALTERNATIVE OBLIGATION - Several pretentions are due but the performance of one is sufficient as
determined by the choice which, as a general rule, belongs to the debtor

17. APPEAL - A proceeding for review by which the whole case is transferred on the higher court.

18. APPELLANT - The party appealing

19. APPELLEE - The party adverse to the appellant.

20. APPLICATION OF PAYMENTS - The designation of debt to which should be applied the payment made by a
debtor which has various debts of the same kind in favor of one and the same creditor

21. ARRAIGNMENT - It means for bringing the accused into court and informing him of the nature and cause of
the accusation against him.

22. ARREST - taking a person into custody in order that he may be bound to answer for the commission of some
offense, made by an actual restraint of the person or by his submission to custody.

23. ATTACHMENT - It is a remedy afforded to the offended party to have the property of the accused attached
as security for the satisfaction of any judgment that may be recovered from the accused.

24. BAIL BOND - an obligation under seal given by accused with one or more sureties and made payable to
proper officer with the condition to be void upon performance by the accused of such acts as he may legally
be required to perform.

25. BAIL - security given for the release of a person in custody of law, furnished by him or a bondsman,
conditioned upon his appearance before any court as required

26. BAILIFF - A court official who maintains order in the courtroom during proceedings.
27. BENCH TRIAL - A trial held only before a judge, without a jury, and the judge alone decides the verdict and
sentence.

28. BENCH WARRANT - A warrant issued directly by a judge for the arrest of someone who has been held in
contempt of court, has been indicted, has disobeyed a subpoena, or has failed to appear for a hearing or trial.

29. BILATERAL OBLIGATION When both parties are mutually bound to each other; may be reciprocal or non-
reciprocal

30. BRIEF - It literally means a short or condensed statement. The purpose of the brief is to present to the court
in concise form the points and questions in controversy, and by fair argument on the facts and law of the
case, to assist the court in arriving at a just and proper conclusion.

31. CAPITAL FELONY - A felony for which capital punishment is a possible penalty.

32. CAPITAL OFFENSE - It is an offense which, under the law existing at the time of its commission and of the
application for admission to bail may be punished with death.

33. CAPITAL PUNISHMENT - A sentence of death.

34. CARTILAGE - the area surrounding and associated with a dwelling house.

35. CASUAL CONDITION - The condition depends upon chance or upon the will of a third person

36. CAUSAL FRAUD - Fraud employed in the execution of a contract, which vitiates consent

37. CERTIORARI - is used to correct only errors of jurisdiction and not errors of judgment of an inferior court.

38. CHARGE -To formally accuse a person of committing a crime.

39. CHARGE DOCUMENT - the document setting out the charges based upon which an accused will stand trial.

40. COMPENSATION - The extinguishment to the concurrent amount of the debts of two persons who, in their
own right, are the debtors and creditors of each other

41. COMPENSATORY PENAL CLAUSE - When the penalty takes place of damages

42. COMPLAINT - Sworn written statement charging a person with an offense subscribed by the offended party,
any peace officer or other public official charged with the enforcement of the law violated.

43. COMPLIANCE IN GOOD FAITH - Compliance or performance in accordance with the stipulations or terms of
the contract or agreement.

44. COMPOUND OBLIGATION - There are two or more pre-stations

45. CONCLUSIVE PRESUMPTION - One which cannot be contradicted, like the presumption that everyone is
conclusively presumed to know the law

46. CONDITION - A future and uncertain event, upon the happening of which, the effectiveness or
extinguishment of an obligation (or right) subject to it depends.

47. CONDITIONAL OBLIGATION - One whose consequences are subject in one way or another to the fulfillment
of a condition

48. CONDITIONS OF RELEASE - The conditions a judge imposes on a defendant who is released from custody
before a conviction or acquittal.

49. CONFRONTATION - It is the act of setting a witness face to face with the accused so that the latter may
make any objection he has to the witness, and the witness may identify the accused, and this must take place
in the presence of the court having jurisdiction to permit the privilege of cross examination.

50. CONTEMPT - Disobedience to a court order or misbehavior that interferes with the administration of justice or
the integrity of the court. If a person is found in contempt, he or she may be imprisoned, fined, or both.

51. CONTINUANCE - The postponement of a court proceeding to a later date.

52. CONTINUOUS TRIAL SYSTEM - Trial once commenced shall continue from day to day as far as practicable
until terminated; but it may be postponed for a reasonable period of time for good cause.

53. CONVICTION - A decision that defendant is guilty of committing a criminal offense beyond a reasonable
doubt.

54. COUNSEL DE OFFICIO - He is counsel appointed by the court to represent and defend the accused in case
he cannot afford to employ one himself.
55. COUNT - A portion of a complaint that identifies one particular crime the defendant is accused of.

56. CRIMINAL ACTION - It is an action by which the State prosecutes a person for an act or omission punishable
by law.

57. CRIMINAL JURISDICTION - It is the authority to hear and try a particular offense and impose the punishment
for it.

58. CRIMINAL NEGLIGENCE - Negligence resulting in the commission of a crime

59. CRIMINAL PROCEDURE - It is the method prescribed by law for the apprehension and prosecution of
persons accused of any criminal offense and for their punishment, in case of conviction.

60. CROSS EXAMINATION- The questioning, either during a hearing or trial, of a witness by a party opposed to
the party that called the witness to testify.

61. CUSTODIAL INVESTIGATION - Involves any questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of action in any significant way.

62. CURATIVE PROVISO - a portion of the rules governing appeals that permits an appeal to be dismissed
despite the presence of a legal error at trial, if it is found that the error is harmless and does not cause a
miscarriage of justice.

63. DEFLATION - The reduction in volume and circulation of the available money or credit, resulting in a decline
of the general price level; opposite of inflation

64. DELAY OR DEFAULT - Failure to perform an obligation on time which failure constitutes a breach of
obligation.

65. DELEGACION - (Novation - Substitution) which takes place when the creditor accepts a third person to take
place of the debtor at the instance of the latter. The creditor may withhold approval. All parties must agree

66. DELINQUENT-In criminal law, generally refers to a child who has committed an offense that would be a crime
if committed by an adult.

67. DELIVERY OR TRADITION - Ownership and other real rights over property are acquired and transmitted in
consequence of certain contracts by tradition or delivery.

68. DEMURRER TO EVIDENCE - It is an objection by one of the parties in an action, to the effect that the
evidence which his adversary produced is insufficient in point of law, whether true or not, to make out a case
or sustain the issue.

69. DEPOSITION - It is the testimony of a witness taken upon oral questions or written interrogatories, in open
court, but in pursuance of a commission to take testimony issued by a court, or under a general law or court
rule on the subject, and reduced to writing and duly authenticated, and intended to be used in preparation and
upon the trial of a civil or criminal prosecution.

70. DIRECT TESTIMONY- The first examination of a witness by the attorney for the party who called the witness
to testify.

71. DISCOVERY- A process that occurs after a crime but before trial during which the prosecutor and defense
exchange the evidence and information they each have about the case pursuant to express rules of criminal
procedure, which govern the type of information to be exchanged and how the exchange should take place.

72. DISJUNCTIVE CONDITION - There are several conditions and only one must be fulfilled

73. DISMISS/DISMISSAL- An order by a judge ending the prosecution of a case without deciding whether the
defendant is guilty or innocent. A dismissal can be “with prejudice,” which means that the charges cannot be
re-filed against that same defendant, or a dismissal can be “without prejudice,” which means the charges can
be re-filed against the same defendant.

74. DISPUTABLE - (or rebuttable) presumption. One which can be contradicted or rebutted by presenting proof
to the contrary

75. DISTRIBUTIVE OBLIGATION - One or two or more of the pre-stations is due (alternative or facultative)

76. DISTRICT ATTORNEY- A public official appointed or elected to represent the state in a particular district and
to prosecute crimes in that district.

77. DIVISIBLE CONDITION - The condition is susceptible of partial performance

78. DNA WARRANT - a warrant issued authorizing the taking of bodily samples from a person for the purpose of
DNA analysis.
79. EQUIPOSE RULE - where the evidence of the parties in a criminal case are evenly balanced, the
constitutional presumption of innocence should tilt in favor of the accused who must be acquitted.

80. ERROR OF JUDGMENT - One which the court may commit in the exercise of its jurisdiction.

81. EVIDENCE- Testimony, documents, records, or objects presented by the prosecutor or defense during a
hearing or trial to prove a particular fact or legal issue.

82. EXCLUSIONARY RULE (Criminal) - A rule that excludes from trial evidence that was obtained in violation of
a person’s constitutional rights.

83. EXHIBIT- A document, record, or object offered to the judge or jury during a hearing or trial as evidence.

84. EXPRESS NOVATION - So declared in unequivocal terms

85. EXPROMISION - (Novation - Substitution) which takes place when a third person of his own initiative and
without the knowledge or against the will of the original debtor assumes the latter's obligation with the consent
of the creditor

86. EXTRADITION- The official surrender of a person by one state or nation to another to face criminal

87. GENERAL WARRANT - It is a process which authorizes the search and seizure of things, in a general
manner. It does not specify or describe with particularity the things to be searched and seized. This kind of
warrant is VOID as it infringes on the constitutional mandate requiring particular description of the things to be
seized.

88. GENERIC OR INDETERMINATE - A thing is generic or determinate when it refers only to a class or genus to
which it pertains and cannot be pointed out with particularity. Identified by its specie.

89. GRAND JURY – A panel of citizens who hear evidence generally presented by the prosecutor and decide
whether there is enough evidence to issue an indictment to formally charge the accused with a crime.

90. GUILTY - A finding by judge or jury that the defendant committed the crime charged beyond a reasonable
doubt.

91. GUILTY PLEA - A plea in open court by a defendant admitting that he or she is guilty of the crime charged.

92. HABEAS CORPUS - is available when a person is imprisoned beyond the maximum penalty imposed by law.

93. HEARING - It is not confined to trial but embraces the several stages of litigation, including the pre-trial stage.

94. HYBRID OFFENCE - an offence that may be prosecuted either on indictable or as a summary conviction
offence.

95. IDEAL OR INTELLECTUAL DIVISION - One which exists only in the minds of the parties

96. IMMUNITY- A promise by the prosecutor not to prosecute a person for a particular crime or a promise to that
person that his or her testimony or the evidence he or she reveals will not be used in a prosecution against
him or her.

97. IMPACT STATEMENT - A statement made by a victim, either in writing or orally, describing the victim’s
feelings about a crime, how the crime affected the victim or the victim’s family, and sometimes, also
recommending a sentence to impose on defendant.

98. IMPROVIDENT PLEA - It is a plea without information as to all the circumstances affecting it; based upon a
mistaken assumption or misleading information or advice.

99. INCIDENTAL FRAUD - Committed in the performance of an obligation already existing because of contract

100. INDEFINITE PERIOD - Period not fixed or it is not known when it will come

101. INDICTMENT - A formal, written accusation that charges defendant with a particular crime and is brought
by the grand jury, rather than by the prosecutor.

102. INDIVISIBLE OBLIGATION - One the object of which, in its delivery or performance, is not capable of
partial fulfillment

103. INDUSTRIAL FRUITS - Produced by lands of any kind through cultivation or labor.

104. INFLATION - A sharp sudden increase of money or credit or both without a corresponding increase in
business transactions; causes a drop in the value of money, resulting in the rise of the general price level

105. INFORMATION - accusation in writing charging a person with an offense, subscribed by the fiscal and
filed with the court.
106. INITIAL APPEARANCE- A defendant’s first appearance in court to hear the charges, to be advised of his
or her rights, and to have bail determined.

107. JOINT OR CUMULATIVE PENAL CLAUSE - When both the principal obligation and the penal clause
can be enforced

108. JUDGMENT - adjudication by the court that the accused is guilty or not guilty of the offense charged, and
the imposition of the proper penalty and civil liability provided by law on the accused.

109. JUDICIAL COMPENSATION - When it takes place by order from a court in litigation; merely a form of
legal or voluntary compensation when declared by the courts by virtue of an action by one of the parties, who
refuses to admit it, and by the defense of the other who invokes it

110. JUDICIAL COSTS - Statutory amounts allowed to a party to an action for his expenses incurred in the
action

111. JUDICIAL PERIOD - Period fixed by the court

112. LEGAL COMPENSATION - When it takes place by operation of law even without the knowledge of the
parties

113. LEGAL IMPOSSIBILITY - Occurs when the obligation cannot be performed because it is rendered
impossible by provision of law, although physically it may be possible of performance

114. LEGAL PENAL CLAUSE - Provided by the law

115. LEGAL PERIOD - Period provided for by laws

116. LEGAL SOLIDARITY - Where solidarity is imposed by the law

117. LEGAL SUBROGATION - (Novation - Subrogation) when it takes place without agreement but by
operation of law

118. LEGAL TENDER - That currency which a debtor can legally compel a creditor to accept in payment of a
debt in money when tendered by the debtor in the right amount

119. LEGITIME - Part of the testator's property which he cannot dispose of because the law has reserved it for
certain heirs, called compulsory heirs

120. LOSS - A thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its
existence is unknown or it cannot be recovered

121. MISDEMEANOR - A crime that is usually punishable by imprisonment for not more than one year, a fine,
or both.

122. MISTRIAL - A trial that ends before a verdict is given because of a hung jury, violation of a legal
procedure, or due to serious misconduct occurring during the proceedings.

123. MITTIMUS - It is a process issued by the court after conviction to carry out the final judgment.

124. MIXED CONDITION - The condition depends partly upon chance and partly upon the will of a third person

125. MOTION TO DISMISS - A motion asking a judge to end the prosecution without further hearings or trial.

126. MOTION TO QUASH - a hypothetical admission that even if all the facts alleged were true, the accused
still cannot be convicted due to other reasons.

127. MOTION TO SUPPRESS - A motion asking a judge not to allow certain testimony, documents, or objects
into evidence.

128. MOTION - A formal written or oral request made to a judge for a specific order or ruling.

129. NEGOTIORUMGESTIO - The voluntary management of the property or affairs of another without the
knowledge or consent of the latter.

130. NEW TRIAL - The rehearing of a case already decided but before the judgment of conviction therein
rendered has become final, whereby errors of law or irregularities are expunged from the record or new
evidence is introduced or both steps are taken.

131. NOLLEPROSEQUI - is a dismissal of the criminal case by the government before the accused is placed
on trial and before he is called to plead, with the approval of the court in the exercise of its judicial discretion.

132. NOVATION - Extinction of an obligation through the creation of a new one which substitutes it; never
presumed
133. OATH - Includes any form of attestation by which a party signifies that he is bound in conscience to
perform an act faithfully and truthfully.

134. OBJECTION - A formal statement to the judge by an attorney involved in a case that something that has
occurred or is about to occur is legally improper and should not be permitted. A court may overrule an
objection, which means the matter objected to will be allowed; the court may sustain the objection, which
means that the matter objected to will not be allowed.

135. OBLIGATION WITH A PENAL CLAUSE - One which contains an accessory undertaking to pay a
previously stipulated indemnity in case of breach

136. OBLIGATION - A juridical relation created by virtue of certain facts, between two or more persons,
whereby one of them, known as the creditor, may demand of the other, known as the debtor or obligor, the
observance of a determinate conduct, and, in case of breach, may obtain satisfaction from the assets of the
latter.

137. OFFENDER - A person who has committed a crime.

138. ORDER - A written or oral command from the court

139. ORDINARY FORTUITOUS EVENTS - Those events which are common and which the contracting
parties could reasonably foresee

140. PAROLE - the conditional release of an offender from a penal or correctional institution after he has
served the minimum period of his prison sentence under the continued custody of the state and under
conditions that permit his incarceration if he violated the conditions
of his release.

141. PAYMENT BY CESSION - The assignment or abandonment of all the preoperties of the debtor for
the benefit of his creditors in order that the latter may sell the same and apply the proceeds thereof to the
satisfaction of their credits

142. PAYMENT - Consists of not only in the delivery of money but also the giving of a thing (other than
money), the doing of an act, or not doing of an act; also, performance.

143. PLEA BARGAINING - process whereby the accused and the prosecution in a criminal case work out a
mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant's
pleading guilty to a lesser offense or to only some of the counts of a multi-count indictment in return for a
lighter sentence than that for the greater charge.

144. PREJUDICIAL QUESTION - It is one which arises in a case, there solution of which is a logical
antecedent of the issue involved therein and the cognizance of which pertains to another tribunal.

145. PRELIMINARY INVESTIGATION - inquiry or proceeding to determine if there is sufficient ground to

146. PRE-TRIAL ORDER - It is an order issued by the court reciting the actions taken, the facts stipulated and
the evidence marked during the pre-trial conference. Such order binds the parties and limits the trial to those
matters not disposed of.

147. PROBABLE CAUSE FOR A SEARCH - It is defined as such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed and that the objects
sought in connection with the offense are in the place sought to be searched.

148. PROBABLE CAUSE IN GENERAL - Such facts and circumstances antecedent to the issuance of the
warrant, that are in themselves sufficient to induce a cautious man to believe that the person against whom
the search warrant is applied had committed or is about to commit a crime.

149. PROBABLE CAUSE - such facts and circumstances which would lead a reasonably prudent man to
believe that a crime has been committed and the thing to be searched for and seized is in the place to be
searched.
        
150. PROBATION - disposition under which a defendant after conviction and sentences are released subject
to conditions imposed by the court and to the supervision of a probation officer.

151. PROPERTY BOND - It is an undertaking constituted as a lien on the real property given as security for
the amount of the bail.

152. PROVISIONAL REMEDY - It is one provided for present need or one that is
adopted to meet a particular exigency.
153. REASONABLE DOUBT - state of the case which, after full consideration of all the evidence, leaves the
mind of the judge in such a condition that he cannot say that he feels an abiding conviction, to a moral
certainty, of the truth of the charge.

154. RECANTATION - A Witness who previously gave a testimony subsequently

155. RECOGNIZANCE - Obligation of record entered into before some court of magistrate duly authorized to
take it, with the condition to do some particular act, the most usual condition in criminal cases being the
appearance of the accused for trial.

156. REDUCED BAIL - A person in custody for a period to or more than the minimum of the principal penalty
prescribed for the offense charged, without application of the Indeterminate Sentence Law or any modifying
circumstance, shall be released on a reduced bail or on his own recognizance at the discretion of the court.

157. RETURN – a document where the police state when the warrant was executed and itemized inventory of
what was seized.

158. REVERSE TRIAL - When the accused admits the act or omission charged in the complaint/information
but interposes a lawful defense, the trial court may allow the accused to present his defense first and there
after give the prosecution the opportunity to present his rebuttal evidence.

159. ROAD BLOCK – stopping of all vehicles travelling on a street.

160. ROVING CHECKPOINT - checkpoint set up for temporary use.

161. RULE OF EXCLUSION - that which is secondary evidence cannot inceptively be introduced as the
original writing itself must be produced in court, except in the four instances mentioned in Section 3.

162. SCATTER SHOT WARRANT - It is a warrant that is issued for more than one offense. It is void, since the
law requires that a warrant should only be issued in connection with one specific offense.

163. SEARCH WARRANT - an order in writing issued in the name of the People of the Philippines, signed by
a judge and directed to a peace officer, commanding him to search for personal property described therein
and bring it before the court.

164. SEARCH - It is an examination of a man’s house, buildings or other premises, or of his person, with a
view to the discovery of some evidence of guilt to be used in the prosecution of a criminal action

165. SEARCHING QUESTIONS AND ANSWERS - Such questions as have the tendency
to show the commission of a crime and perpetrator thereof.

166. SEARCHING QUESTIONS AND ANSWERS - Such questions as have the tendency
to show the commission of a crime and perpetrator thereof.

167. SECONDARY EVIDENCE - Is that which shows that better, or primary evidence exists as to the proof of
a fact in question. (Section 5, Rule 130.)

168. SEIZURE - It is the physical taking of a thing into custody; contemplates a forcible disposition of the
owner.

169. SELF-AUTHENTICATING DOCUMENTS – those which can be introduced into evidence without calling
witnesses to authenticate them.

170. SELF-SERVING DECLARATIONS – Are unsworn statements made by the defendant out of court and
which are favorable to his interests. They are not admissible in evidence as proof of the facts asserted,
whether they arose by implication from acts and conduct or were made orally or reduced to writing.

171. SEQUESTERED – when a jury is kept away from people who are not on the jury.

172. SEVERANCE - a judicial decision not to try more than one accused, or more than one count, on the same
information.

173. SOBRIETY TEST – given to determine if a person is intoxicated.

174. SPECTROGRAMS - Voice Recordings based on intensity frequency and time gaps.

175. SPONTANEOUS EXCLAMATION - is defined as "a statement or exclamation made immediately after
some exciting occasion by a participant or spectator and asserting the circumstances of that occasion as it is
observed by him. People of the Phil. vs. Manhuyod, Jr., G.R. No., 124676, May 20, 1998).

176. STANDING – possession of the necessary relationship to an issue to be permitted to raise that issue in a
court of law.
177. STATE WITNESS - One of two or more persons jointly charged with the commission of a crime but who
is discharged with his consent as such accused so that he may be a witness for the state.

178. STIPULATION – agreement between all sides to a lawsuit

179. STOP AND FRISK - A limited protective search of outer clothing for weapon.

180. SUBSTANTIAL EVIDENCE – is more than a mere scintilla. It means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion. (PAL vs. NLRC, G.R. No., 119868, July
28, 1997.)

181. SUPPRESSION HEARING – hearing held prior to trial, for the purpose ofe determining whether evidence
may be used in trial.

182. SURVIVORSHIP DISQUALIFICATION RULE- dead man’s statute.

183. TELE-WARRANT - a procedure authorized under s. 487.1 CC allowing certain types of warrants to be
obtained by means of telecommunication where it is impracticable for the peace officer to appear personally
to make application.

184. TERRY STOP – investigative street detention named after the Terry vs. Ohio Case.

185. TESTIMONIAL EVIDENCE - is that which is submitted to the court through the testimony or deposition of
a witness.

186. TRACE EVIDENCE – small amounts of material that a suspect leaves or acquires when he comes in
contact with a mother object.

187. TRANSACTIONAL IMMUNITY - witness can no longer be prosecuted for any offense whatsoever arising
out of the act or transaction.

188. TRIAL IN ABSENTIA - accused in case of his non-appearance after Arraignment despite due notice
simply means that he thereby waives his right to meet the witnesses face to face, among others.

189. TRIAL - It is the examination before a competent tribunal according to the laws of the land, of the facts
put in issue in a case for the purpose of determining such issue.

190. TRIER OF THE FACTS – the jury or the judge who evaluates the evidence and decide which are facts.

191. TRIER OF THE LAW – the judge who decides what law applies to the given case.

192. UNSOUND MIND - any mental aberration, whether organic or functional, or induced by drugs or
hypnosis.

193. USE AND DERIVATIVE USE IMMUNITY - witness is only assured that his or her particular testimony and
evidence derived from it will not be used against him or her in a subsequent prosecution.

194. VERBAL ACTS – are utterances which accompany some act or conduct to which it is desire to give a
legal effect.

195. VERDICT- The decision of a jury or a judge whether defendant is guilty.

196. VICTIM- Each jurisdiction has distinct definitions of “victim,” but generally a victim is a person harmed by
a crime, or the family or close friend of that person when he or she is incapacitated or was killed.

197. VOIR DIRE- The pretrial questioning of individuals who are potential jurors to decide whether they can be
on a jury.

198. WARRANT- An order based upon probable cause authorizing either the arrest of a person or the search
of a person or place.

199. WIRETAPPING – interception of communication through telephone or telegram.

200. WITNESS- A person who testifies at a hearing or trial.