1.5.17 Seizure
In the context of criminal cases, taking custody of an individual's property or the individual themselves, within the bounds and under the authority of a warrant.
1.5.18 Suspect
An individual who is believed to have committed a crime but against whom no criminal charges have been filed yet.
1.5.19 Third‐Party Owner
An individual, not the suspect, who has an ownership interest in an item of property.
1.5.20 Witness
An individual who has knowledge pertaining to or has personally experienced (with any one of their senses) anything relevant to a criminal investigation.
1.6 Terms and Phrases: Criminal Law
1.6.1 Alford Plea
A plea that maintains innocence but acknowledges that the prosecution could meet its burden of proof with the evidence available.
1.6.2 Arraignment
The proceeding in which charges are officially filed and the defendant enters a plea of guilty or not guilty.
1.6.3 Authentication
A process that seeks to admit items into evidence by proving they are true or genuine [10].
1.6.4 Brady Material
Any information or evidence that is favorable to the defendant. Nondisclosure by the prosecution is a violation of the defendant's constitutional rights [11].
1.6.5 Brief
A persuasive document written for submission to a judge or court about an issue in a case.
1.6.6 Charging Enhancement
Statutory provision that allows for more serious charges, when particular conditions are met, either by the defendant or by the circumstances of the crime. For example, in Nevada the crime of torturing a companion animal is a Class D felony but rises to a Class C felony if done to intimidate another person. In Idaho, the misdemeanor crime of torturing a companion animal rises to a felony if the perpetrator has a prior conviction involving voluntary infliction of bodily injury upon a human within 10 years [12, 13].
1.6.7 Charging Information
This is the document the prosecuting attorney files with the court to initiate criminal charges that are supported by probable cause.
1.6.8 Defendant
A criminal defendant is someone who has been charged with a crime.
1.6.9 Diversion
An arrangement that results in dismissal of the charges if a defendant complies with the terms of a plea agreement (see below) for a specified length of time without any violations.
1.6.10 Expert Witness
An expert witness is “[a] witness qualified by knowledge, skill, experience, training, or education to provide a scientific, technical, or other specialized opinion about the evidence or a fact issue” [14]. A veterinarian will almost always be considered an expert witness. Expert witnesses are treated differently than other witnesses in a trial (see Chapter 16 on trials for more information).
1.6.11 Forfeiture
A legal divestment of property that is ordered by a court.
1.6.11.1 Preconviction Forfeiture
A legal proceeding that is utilized in animal cruelty cases to address the cost of caring for victim animals until a criminal trial takes place. Once a preconviction forfeiture petition is filed, a defendant animal owner has a certain amount of time to pay a bond amount that will be used to provide care for their animals while they await trial. If the defendant animal owner cannot pay the bond amount, then ownership of the animals is transferred by an order of the court to a designated entity.
1.6.11.2 Postconviction Forfeiture
A divestment of property that occurs as a result of a criminal conviction.
1.6.12 Foreclosure
The process of terminating an ownership interest in property in order to gain title to the property or satisfy an unpaid debt connected to the property. In an animal cruelty case, the property consists of the animal/animals seized in the case. The unpaid debt is the costs of care that have accrued since the animal(s) was taken into custody.
1.6.13 Grand Jury
A body of citizens that reviews evidence presented by the prosecutor to determine if the prosecutor has probable cause to charge the suspect with a crime.
1.6.14 Hearing
A proceeding that takes place in front of a judicial officer to determine issues related to a case.
1.6.15 Judgment
A ruling in a case by a court containing its final determination in the case. Depending on the determination and the court, the judgment may be subject to appeal.
1.6.16 Lay Witness
A lay witness is “[a] witness who does not testify as an expert and who is therefore restricted to giving an opinion or making an inference that (1) is based on firsthand knowledge, and (2) is helpful in clarifying the testimony or in determining facts” [14].
1.6.17 Lien
“A legal right or interest that a creditor has in another's property, lasting usually until the debt or duty that it secures is satisfied” [15]. In an animal cruelty case, several states have laws that specifically create a lien for the costs of care that an agency or individual provides to the animals connected to a criminal animal cruelty case. The agency or individual can foreclose on those liens, the result of which is repayment of the costs or transfer of ownership of the property to satisfy the debt (see Chapter 15 for more information about liens and foreclosure).
