15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child under age 16 - Videotaped deposition; who may be present; procedure; protective order. (a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the district attorney or Attorney General, for good cause shown and after notice to the defendant, may order the taking of a videotaped deposition of an alleged victim of or witness to the crime who is under the age of 16 at the time of the order. (b) On any motion for a videotaped deposition of the victim or a witness, the court shall consider the age and maturity of the child, the nature of the offense, the nature of testimony that may be expected, and the possible effect that the 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. (c) During the taping of a videotaped deposition authorized pursuant to this section, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-25-2.htm - 4K - Match Info - Similar pages
15-25-5
Section 15-25-5 Use of anatomically correct dolls or mannequins during testimony or deposition of victim or witness under age 10. In any criminal proceeding and juvenile cases wherein the defendant is alleged to have had unlawful sexual contact or penetration with or on a child, the court shall permit the use of anatomically correct dolls or mannequins to assist an alleged victim or witness who is under the age of 10 in testifying on direct and cross-examination at trial, or in a videotaped deposition as provided in this article. (Acts 1985, No. 85-743, p. 1143, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-25-5.htm - 880 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-264.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-25-3.htm - 4K - Match Info - Similar pages
12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified interpreter provided in certain criminal and juvenile proceedings; requirements; fees. (a) Deaf person means any person either totally deaf, or who has defective hearing, or who has both defective hearing and speech. (b) For the purpose of this section, the term qualified interpreter means an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry of Interpreters for the Deaf, or, in the event an interpreter so certified is not available, an interpreter whose qualifications are otherwise determined. Efforts to obtain the services of a qualified interpreter certified with a legal skills certificate or a comprehensive skills certificate will be made prior to accepting services of an interpreter with lesser certification. No qualified interpreter shall be appointed unless the appointing authority and the deaf person make a preliminary determination that the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-131.htm - 5K - Match Info - Similar pages
30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information; costs and fees. (a) The following persons have standing to file a sworn petition for a protection order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2) A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department of Human Resources may petition for relief on behalf of the following: a. A minor child. b. Any person prevented by physical or mental incapacity from seeking a protection order. (b) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit clerks' offices around the state. The circuit clerk shall not provide assistance to persons in completing the forms or in presenting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-5.htm - 4K - Match Info - Similar pages
15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set forth in this section in all cases in which they are applicable, are sufficient, and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge that, before the finding of this indictment, etc. (describing the offense as in the following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales of the capital stock of the X. Y. company (or otherwise describing the security so advertised), which said stock (or other security) had not then...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-150.htm - 33K - Match Info - Similar pages
12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request of the state, or the defendant or the defendant's attorney, the clerk of the court must issue subpoenas for witnesses whose address shall be given by the person requesting the subpoena, specifying therein the time and place for their appearance, the title of the case and at whose instance the witness is summoned, and commanding the witness to appear in conformity therewith and give testimony. (b) No subpoena shall issue for a witness residing more than 100 miles from the place of trial, computed by the route usually traveled, unless the person requesting the subpoena makes affidavit that the personal attendance of the witness is necessary to a proper decision of the case and that the deposition of the witness would be insufficient for that purpose, and the fact that such affidavit has been made must be endorsed by the clerk upon the subpoena. (c) A subpoena issued under this section shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-246.htm - 3K - Match Info - Similar pages
15-25-1
Section 15-25-1 Prosecution for physical or sexual offense or exploitation involving child under age 16 - Leading questions of victim or witness under age 10. In any criminal prosecution for a physical offense or a sexual offense wherein the alleged victim is a child under the age of 16 years and in any criminal prosecution involving the sexual exploitation of a child under the age of 16, the court may allow leading questions at trial by the prosecution or defense of any victim or witness in a case who is under the age of 10, if the court determines that the allowance of leading questions will further the interests of justice. The court may on motion of the prosecution or the defense, or on its own motion, limit the scope and extent of any leading questions. (Acts 1985, No. 85-743, p. 1194, §1; Acts 1994, No. 94-704, p. 1359, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-25-1.htm - 1K - Match Info - Similar pages
15-25-6
Section 15-25-6 Actions to minimize length of proceedings stressful to child; considerations in ruling on motion for delay or continuance. In all criminal cases and juvenile proceedings involving offenses set out in Section 15-25-1, wherein the victim hereof or a witness to the offense is under the age of 16 years, the court and the district attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of involvement in the proceedings. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness. (Acts 1985, No. 85-743, p. 1143, §6.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-25-6.htm - 1K - Match Info - Similar pages
|