45-39-82.12
Section 45-39-82.12 Liability. The district attorney or his or her staff shall have no liability,
criminal or civil, for the conduct of any offender while participating in the pretrial diversion
program or of any service provider or their agents that are contracted to or who have agreed
to provide services to the pretrial diversion program. (Act 2011-651, p. 1661, §13.)...
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12-15-212
Section 12-15-212 Conduct of delinquency and child in need of supervision hearings. (a) If
the allegations are denied, the juvenile court shall proceed to hear evidence on the petition.
If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material,
and relevant evidence, that the child committed the acts by reason of which the child is alleged
to be delinquent or in need of supervision, the juvenile court shall record its findings and
proceed to determine whether the child is in need of care or rehabilitation. If the juvenile
court finds that the allegations in the petition have not been established, the juvenile court
shall dismiss the petition and order the child discharged from any detention or temporary
care, theretofore ordered in the proceedings. (b) If the child admits to the allegations contained
in the petition, the juvenile court shall record its findings and proceed to determine whether
the child is in need of care or rehabilitation. (c) When...
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15-25-37
Section 15-25-37 Factors in considering trustworthiness of statement. In determining whether
a statement possesses particularized guarantees of trustworthiness under Section 15-25-32(2)b,
the court shall consider any one, but is not limited to, the following factors: (1) The child's
personal knowledge of the event; (2) The age and maturity of the child; (3) Certainty that
the statement was made, including the credibility of the person testifying about the statement;
(4) Any apparent motive the child may have to falsify or distort the event, including bias,
corruption, or coercion; (5) The timing of the child's statement; (6) Whether more than one
person heard the statement; (7) Whether the child was suffering from pain or distress when
making the statement; (8) The nature and duration of any alleged abuse; (9) Whether the child's
young age makes it unlikely that the child fabricated a statement that represents a graphic,
detailed account beyond the child's knowledge and experience;...
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6-6-683
Section 6-6-683 Judgment against officer accepting substitute for juror or serving person other
than one to be drawn. Any officer who accepts or receives a substitute for any person drawn
as a juror or whom he is directed to summon as a juror or who intentionally serves any other
person than the one drawn as a juror or whom he is directed to summon as a juror must be fined
$50, to be recovered on motion by the district attorney, in the name of the state, in the
circuit court of the county in which the offense is committed, on five days' notice, one half
of which shall be for the use of the county and the other half for the use of the district
attorney. (Code 1876, §3371; Code 1886, §3113; Code 1896, §3781; Code 1907, §5917; Code
1923, §10244; Code 1940, T. 7, §599.)...
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12-16-100
Section 12-16-100 Drawing, selection, and empaneling of juries in criminal cases - Generally.
(a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon
the trial by jury in the circuit courts of any person charged with a felony, including a capital
felony, a misdemeanor, or violation, the court shall require a strike list or lists to be
compiled from the names appearing on the master strike list as established in Section 12-16-74.
In compiling the list or lists, names of qualified jurors may be omitted on a nonselective
basis. A strike list shall be furnished for the trial of any case at hand and a copy thereof
given to all parties. The jurors whose names appear thereon shall be brought into open court,
the case shall be called and in the presence of the district attorney and the defendant and
his attorney, the jurors shall be examined on voir dire for the trial of the case at hand.
After the conclusion of the voir dire examination and the removal from...
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12-16-199
Section 12-16-199 Administration of oath to witnesses; preparation by foreman and disposition
of book and list of witnesses summoned before and attending grand jury; issuance of certificates
to witnesses by foreman. Witnesses before the grand jury may be sworn by the district attorney
or foreman. A list of all witnesses summoned and in attendance before such jury during each
session shall be kept by the foreman, and he shall give to each of such witnesses a certificate,
stating the number of the case in which such witness attended, the number of days of his actual
attendance, the number of miles traveled by him and the amount due him, and each of such items
the foreman shall enter in a book kept for that purpose, and such book and list, certified
by the foreman to be correct, must be by him returned into the court and by the clerk filed
and kept as a part of the records of such court. (Code 1852, §550; Code 1867, §4100; Code
1876, §4773; Code 1886, §4349; Code 1896, §5035; Code...
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12-16-44
Section 12-16-44 Preparation, etc., of separate jury rolls and boxes for courts of territorial
subdivisions of counties. Whenever a court requiring grand and petit juries or petit juries
is established for and held in a territorial subdivision of the county, the jury commission
shall make and keep a separate roll and make a separate box for that court and territorial
subdivision, on which roll and in which box only the names of jurors residing in that territory
shall be placed, which box shall be kept by the clerk of said court and the key thereof by
the judge of said court, and all jurors for that court shall be drawn by the judge of said
court as provided in this article from the separate jury box provided under this section and
shall be summoned as provided by law for summoning jurors otherwise drawn. The names of jurors
whose names are required to be placed on the roll and in the box provided for in this section
shall not be placed on any other roll nor in any other box nor shall...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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15-23-77
Section 15-23-77 Right to have property returned. (a) Prior to the admission of evidence to
the court, on request of the victim, after consultation and written approval by the district
attorney or Attorney General, the law enforcement agency responsible for investigating the
criminal offense shall return to the victim any property belonging to the victim that was
taken during the course of the investigation, or shall inform the victim of the reasons why
the property will not be returned. The law enforcement agency shall make reasonable efforts
to return the property to the victim as soon as possible. (b) If the property of the victim
has been admitted as evidence during a trial or hearing, the court may, upon request of the
district attorney or the Attorney General, order its release to the victim if a photograph
can be substituted. If evidence is released pursuant to this subsection, the attorney for
the defendant or investigator may inspect and independently photograph the evidence...
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28-4-314
Section 28-4-314 District attorneys to institute prosecutions for or make reports to grand
juries as to violations of prohibition laws. Any district attorney in the county whose duty
it is to prosecute criminal cases on behalf of the state shall not be prohibited from commencing
prosecution on his own affidavit against any party violating any provision of any law of the
State of Alabama for the suppression of the evils of intemperance, and every such district
attorney, upon receiving information giving him probable cause to believe that there has been
a violation of any statute upon the subject named, shall proceed to lay the matter before
the grand jury or to institute a criminal prosecution against said party by affidavit before
a court or judge of competent jurisdiction, if he is willing and able to make such affidavit
for the institution of a criminal prosecution. If he is not, he must superintend the preparation
of the papers and the institution of the prosecution if any citizen...
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