3 Miss. Code R. § 1-01-102

Current through May 31, 2024
Section 3-1-01-102 - Definitions

As used in these rules, the following definitions shall apply unless specifically stated otherwise.

1. "Claimant" as defined in § 99-41-5.

2. "Contribution or contributory conduct" means a voluntary action by the victim/claimant which, directly or indirectly, produced the victim/claimant's injury or death at the time of the crime which gave rise to the claim. This action may include, but is not limited to provocation, consent or incitement by the victim/claimant.

3. "Criminal justice proceedings" means any investigative or court proceedings of the case upon which the claim is based. Such proceedings include: appointments with investigators, prosecuting attorney, and/or correction officials; court proceedings, such as grand jury, trial, plea hearings, sentencing hearings; parole board hearings and other post conviction hearings.

4. "Criminally injurious conduct" as defined in § 99-41-5.

5. "Director" means the Director for the Division of Victim Compensation.

6. "Division" means the Division of Victim Compensation.

7. "Family member" means the victims spouse, parent, grandparent, stepparent, child, stepchild, grandchild, brother, sister, half brother, half sister or spouses parent.

8. "Imminent Danger" means that factors exist that would cause a reasonable person in the victims circumstances to fear immediate, impending or further harm by the offender.

9. "Mental health counseling and car" means problem solving and support services which address emotional issues that result from trauma of criminal victimization and have as a primary purpose the enhancement, protection and restoration of a person's sense of well being and social functioning after victimization.

10. "Personal injury" means actual bodily harm or psychological trauma as a direct result of a criminally injurious act. "Psychological trauma" means a substantial personal disorder of emotional processes, thought or cognition which impairs judgment, behavior or ability to cope with the ordinary demands of life. Injury of psychological trauma is also considered when a person witnesses a crime.

11. "Victim" means a person who suffers personal injury or death as a result of criminally injurious conduct. This definition may include a person who suffers personal injury or death as a result of criminally injurious conduct while going to the aid of another person or a duly sworn law enforcement officer, or while attempting to prevent a crime from occurring.

a. Aid must have been rendered in a reasonable and lawful manner;

b. Attempting to prevent a crime from occurring must have been done in a reasonable and lawful manner.

3 Miss. Code. R. § 1-01-102