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15-14-54
Section 15-14-54 Victim may not be excluded from courtroom; removal generally. A victim of
a criminal offense shall not be excluded from court or counsel table during the trial or hearing
or any portion thereof conducted by any court which in any way pertains to such offense, provided,
however, a judge may remove a victim from the trial or hearing or any portion thereof for
the same causes and in same manner as the rules of court or law provides for the exclusion
or removal of the defendant. (Acts 1983, No. 83-622, p. 971, §5.)...
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15-14-51
Section 15-14-51 Legislative findings; purpose of article. (a) The Legislature hereby finds
and determines that it is essential to the fair and impartial administration of justice that
a victim of a criminal offense be afforded a reasonable opportunity to attend any trial or
hearing or any portion thereof conducted by any court which in any way pertains to such offense.
(b) Further, the Legislature hereby finds and determines that it is essential to the fair
and impartial administration of justice that a victim of a criminal offense not be excluded
from any hearing or trial or any portion thereof conducted by any court which in any way pertains
to such offense, merely because the victim has been or may be subpoenaed to testify at such
hearing or trial or because of any arbitrary or invidious reason. (c) The provisions of this
article are to be construed so as to accomplish these purposes and to promote the same which
are hereby declared to be the public policy of this state. (Acts...
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15-14-56
Section 15-14-56 Designation of representative when victim unable to attend. (a) Whenever a
victim is unable to attend such trial or hearing or any portion thereof by reason of death;
disability; hardship; incapacity; physical, mental, or emotional condition; age; or other
inability, the victim, the victim's guardian or the victim's family may select a representative
who shall be entitled to exercise any right granted to the victim, pursuant to the provisions
of this article. (b) Provided, however, in the event of a dispute, the court in its discretion
may designate such representative. (Acts 1983, No. 83-622, p. 971, §7.)...
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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder by the
defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed
by the defendant. (3) Murder by the defendant during a rape in the first or second degree
or an attempt thereof committed by the defendant; or murder by the defendant during sodomy
in the first or second degree or an attempt thereof committed by the defendant. (4) Murder
by the defendant during a burglary in the first or second degree or an attempt thereof committed
by the defendant. (5) Murder of any police officer, sheriff, deputy, state trooper, federal
law enforcement officer, or any other state or federal peace officer of any kind, or prison
or jail guard, while the officer or guard is on duty, regardless of whether the defendant
knew or should have known the victim was an officer or guard on...
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15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one of the
following minimum criteria shall be considered eligible for punishment in the community under
this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior. In reaching
this determination, the court may consider prior convictions and other acts not resulting
in conviction or criminal charges, and the offender's behavior while in state or county confinement.
(c) The eligibility criteria established in this section shall be interpreted as guidelines
for the benefit of the court in making a determination of...
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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
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15-18-142
political subdivision of this state. (5) EMPLOYMENT INCOME. Wages, salary, tips, commissions,
bonuses, any and all money due or payable to which a defendant is or may be entitled based
upon remuneration for employment, past, present or future, less deductions therefrom required
to be withheld by law. (6) OTHER INCOME. a. Any money or any negotiable instruments or any
portion thereof to which a defendant is or may be entitled from the sale, transfer, conveyance,
or assignment of any real or personal property or other thing of value. b. Any money
or any negotiable instrument or any portion thereof to which the defendant is or may be entitled,
directly or indirectly, as a result of profits, fees, rents, refunds, rebates, commissions,
gifts, bequests, devises, annuities, dividends, royalties, money or property on deposit or
in escrow or trust, interest, accounts receivable, choses in action or other transactions.
(7) ASSETS. Any money, legal tender, real or personal property or other...
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