Office of Crime Victim Services

Victim's Rights and Criminal Appeals

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Glossary

ACQUITTAL:
the defendant is found not guilty by a circuit court or jury and released without any further prosecution for the previously charged act.

AFFIRM: the decision of an appellate court that the judgment of the lower court is correct and should stand.

APPEAL: requesting a higher court to review a lower court decision in order to reverse the lower court's judgment or order.

APPELLANT: the party who appeals a decision.

APPELLATE COURT: a court of review which determines whether or not the rulings and judgment of the lower court are correct; not a court in which to make a new case.

BOND: a monetary or other form of security given in exchange for release from jail or prison; meant to insure the appearance of the defendant at further proceedings.

CIRCUIT COURT: refers to Wisconsin state courts that have original jurisdiction, where matters are to be litigated first and where all evidence in a case is received and considered. In Wisconsin, circuits are comprised of one county each, except that Buffalo-Pepin, Forest-Florence and Shawano-Menominee counties are combined. Most circuits have a number of branches with one judge assigned to each branch.

DEFENDANT: in criminal proceedings, the person charged with having committed a crime.

DISPOSITION: the judgment of a case; the sentencing and any subsequent decision which "disposes" of a case in a given court.

DISTRICT ATTORNEY: an elected officer with the duty to charge and prosecute those accused of committing crimes in their jurisdiction. District attorneys frequently appoint and supervise assistants who have similar charging powers. In Wisconsin, there is a district attorney in every county, except that Shawano-Menominee counties are combined.

FELONY: a crime that may be punishable by imprisonment of more than one year.

INTERLOCUTORY APPEAL: an appeal taken prior to the court's judgment. A judge suppressing evidence may lead to an interlocutory appeal.

JUDGMENT: the determination of a court upon matters submitted to it; the final decision in a case.

MISDEMEANOR: a crime that may be punishable by a jail term of less than one year.

PETITIONER: a party who presents a petition to the Supreme Court requesting review of their case.

POST CONVICTIONS MOTIONS: an application to the court taken after conviction which requests an order or ruling in favor of the defendant; e.g., motions to withdraw a plea of guilty, to modify the sentence, or a motion to reverse the conviction.

POST CONVICTIONS RELIEF: a remedy the defendant may seek after a criminal conviction, attempting to reduce a sentence or reverse a lower court's decision; includes post conviction motions filed in the circuit court or appeals filed in the Court of Appeals.

QUESTION OF FACT: disputed factual issues which are traditionally left for the jury to decide. Whether or not an event happened is a question of fact.

QUESTION OF LAW: disputed interpretations of law or legal standards which are left for the judge to decide. Suppression of evidence is a question of law.

REMAND: to send a case back to the court from which it came, generally for further action consistent with the opinion of the higher court.

RESPONDENT: party against whom an appeal is brought; the party responding to the appeal.

REVERSE: the setting aside or overturning the decision of a lower court.

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