Habitual
offender
A person who is convicted and sentenced for crimes over a period of time
and even after serving sentences of incarceration, such as demonstrates
a propensity towards criminal conduct. Reformation techniques fail to
alter the behaviour of the habitual offender. Many countries now have
special laws that require the long-term incarceration, without parole,
of habitual offenders as a means of protecting society in the face of
an individual that appears unable to comply with the law.
Hearsay
Any evidence that is offered by a witness of which they do not have direct
knowledge but, rather, their testimony is based on what others have said
to them. For example, if Bob heard from Susan about an accident that Susan
witnessed but that Bob had not, and Bob attempted to repeat Susan's story
in court, it could be objected to as "hearsay." The basic rule,
when testifying in court, is that you can only provide information of
which you have direct knowledge. In other words, hearsay evidence is not
allowed. Hearsay evidence is also referred to as "second-hand evidence"
or as "rumour." You are able to tell a court what you heard,
to repeat the rumour, and testify that, in fact, the story you heard was
told to you, but under the hearsay rule, your testimony would not be evidence
of the actual facts of the story but only that you heard those words spoken.
Holograph will
A will written entirely in the testator's handwriting and not witnessed.
Some states recognise holograph wills, other do not. Still other states
will recognise a will as "holograph" if only part of it is in
the testator's handwriting (the other part being type-written).
Homicide
The word includes all occasions where one human being, by act or omission,
takes away the life of another. Murder and manslaughter are different
kinds of homicides. Executing a death-row inmate is another form of homicide,
but one which is excusable in the eyes of the law. Another excusable homicide
is where a law enforcement officer shoots and kills 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 their own witness. But, 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 their own witness leading questions.
Husband-wife
privilege
A special right that married persons have to keep communications
between them secret and even inaccessible to a court of law. While this
privilege may have been varied in some states, it has always been held
to be lifted where one spouse commits a crime on the other. Similar to
the client-solicitor privilege.
