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Glossary
Habeas corpus
Latin: a court petition ordering that a person being detained must be produced
before a judge for a hearing to decide whether the detention is lawful. Habeas
corpus was one of the concessions the British monarchy made in the Magna Carta
and it still stands as a basic individual right against arbitrary arrest and
imprisonment.
Habitual offender
A person who is repeatedly convicted and sentenced for crimes over a period of
time, even after serving sentences of incarceration, thereby demonstrating a
propensity towards criminal conduct. Reformation techniques fail to alter the
behavior of the habitual offender. Many countries now have special laws that
requiring long-term incarceration, without parole, of habitual offenders as a
means of protecting society against an individual who appears unable to comply
with the law.
Harassment
Unsolicited words or conduct tending to annoy, alarm or abuse another person.
Any conduct or comment that is known or ought to be known to be unwelcome."
Name-calling ("stupid", "retard" or "dummy") is a common form of harassment.
(See also sexual harassment.)
Hearsay
Any evidence offered by a witness of which they do not have direct knowledge.
Hearsay testimony is a repetition of what others have said to the witness, not a
recitation of personal knowledge, and is not allowed. When testifying in court
one can only provide information of which one has direct knowledge. Hearsay
evidence is also referred to as "second-hand evidence" or as "rumor." The rumor
or hearsay can be repeated in court, but it is not evidence of what occurred,
only evidence of what you heard.
Holograph will
A will written entirely in the testator's handwriting and not witnessed. Some
states recognize holograph wills, other do not. Still other states will
recognize a will as "holograph" if only part of it is in the testator's
handwriting (the other part being type-written).
Homicide
All occasions and acts whereby one human being, by act or omission, takes away
the life of another. Murder and manslaughter are different kinds of homicides
and have varying degrees depending on circumstances and motives. Executing a
death-row inmate is another form of homicide, but one which is excusable or
justifiable in the eyes of the law. Another excusable homicide is the killing of
an armed suspect by a law officer, when a suspect who draws a weapon or shoots
at that officer.
Hostile witness
During an examination-in-chief, a lawyer is not allowed to ask leading questions
of his own witness. However, if that witness openly shows hostility against the
interests (or the person) that the lawyer represents, the lawyer may ask the
court to declare the witness "hostile", after which, as an exception of the
examination-in-chief rules, the lawyer may ask his own witness leading
questions.
Hung jury
A jury which, after full debate and discussion, is unable to agree on a verdict
and is deadlocked with differences of opinion that appear to be irreconcilable
is said to be a "hung jury". Since a jury is required to make a unanimous or
near unanimous verdict, the result is a mistrial.
Husband-wife privilege
A special right that married persons have to keep communications between
themselves secret and even inaccessible to a court of law. This privilege may
vary from state to state, but it has always been held to be lifted when one
spouse commits a crime against the other. See also client-attorney privilege
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