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15-16-1
Section 15-16-1 Defense of insanity to be by special plea. When the defense of insanity is
set up in any criminal prosecution, it must be by special plea, interposed at the time of
arraignment and entered of record upon the docket of the court, which, in substance, shall
be "not guilty by reason of insanity." A plea of insanity shall not preclude the
usual plea of the general issue, which shall not, however, put in issue the question of the
irresponsibility of the accused by reason of his alleged insanity, this question being triable
only under the special plea. (Code 1896, §4939; Code 1907, §7176; Code 1923, §4573; Code
1940, T. 15, §423.)...
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15-23-43
Section 15-23-43 Waiver of protection; exception for suit against counselor by victim. (a)
A victim does not waive the protections afforded by this article by testifying in court about
the crime. (1) However, if the victim partially discloses the contents of a confidential communication
in the course of testifying, then either party may request the court to rule that justice
requires the protections of this section be waived, to the extent they apply to that portion
of the communication. (2) Any waiver shall apply only to the extent necessary to require any
witness to respond to counsel's questions concerning the confidential communication that are
relevant to the facts and circumstances of the case. (b) A victim counselor cannot waive the
protections afforded to a victim under this section. However, if a victim brings suit against
a victim counselor or the agency, business, or organization in which the victim counselor
was employed or served as a volunteer at the time of the...
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31-2A-2
Section 31-2A-2 (Article 2.) Persons subject to this code; jurisdiction. (a) This code applies
to all members of the state military forces at all times and in all places, except it does
not apply to a member for any offenses committed while in a duty status under Title 10 U.S.C.
(b) Subject matter jurisdiction is established if a clear and convincing nexus exists between
an offense, either military or non-military, and the state military force. When a member is
in a duty status under either Title 32 U.S.C. or State Active Duty then a rebuttable presumption
exists that the nexus is established. A proper civilian court has primary jurisdiction of
an offense when an act or omission violates both this code and civilian criminal law, foreign
or domestic. In such a case, a court-martial may be initiated only after the civilian prosecutorial
authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached.
Courts-martial shall have primary jurisdiction over all...
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31-2A-36
Section 31-2A-36 (Article 36.) Governor or the Adjutant General may prescribe rules Pretrial,
trial, and post-trial procedures, including modes of proof, for court-martial cases arising
under this code, and for courts of inquiry, may be prescribed by the Governor or the Adjutant
General by rules, or as otherwise provided by law, which shall apply the principles of law
and the rules of evidence generally recognized in military criminal cases in the courts of
the Armed Forces but which may not be contrary to or inconsistent with this code. (Act 2012-334,
p. 790, §1.)...
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31-2A-44
Section 31-2A-44 (Article 44.) Former jeopardy. (a) No person, without his or her consent,
may be tried a second time for the same offense. (b) No proceeding in which an accused has
been found guilty by a court-martial upon any charge or specification is a trial pursuant
to this article until the finding of guilty has become final after review of the case has
been fully completed. (c) A proceeding which, after the introduction of evidence but before
a finding, is dismissed or terminated by the convening authority or on motion of the prosecution
for failure of available evidence or witnesses without any fault of the accused is a trial
in the sense of this article. (d) Any offense adjudicated under Chapter 47 of Title 10, U.S.C.,
shall be barred from prosecution under this code. (Act 2012-334, p. 790, §1.)...
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9-9-40
Section 9-9-40 Bonds - Remedies and proceedings upon default. (a) If any installment of principal
and interest evidenced by any bonds issued under the provisions of this article shall not
be paid at the time and in the manner when the same shall become due and payable, the same
shall bear interest at the rate of eight percent per annum until paid, and if such default
shall continue for a period of 60 days, the holder or holders of such bond or bonds upon which
default has been made may have a right of action against said water management district wherein
the court may issue a writ of mandamus against the officers of said district, including the
tax collector, directing the levying of a sufficient tax as provided in this article and the
collection of same in such sum as may be necessary to meet any unpaid installments of principal
and interest and costs of suit and such other remedies are hereby vested in the holder or
holders of such bond or bonds in default as may be authorized by...
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13A-10-100
Section 13A-10-100 Definitions. (a) The definitions in Sections 13A-10-1 and 13A-10-60 are
applicable in this article unless the context otherwise requires. (b) The following definitions
are also applicable in this article: (1) SWEARS FALSELY and FALSE SWEARING. The making of
a false statement under oath required or authorized by law, or the swearing or affirming the
truth of such statement previously made, which the declarant does not believe to be true.
A false swearing in a subscribed written instrument shall not be deemed complete until the
instrument is delivered by its subscriber, or by someone acting in his behalf, to another
person with intent that it be uttered or published as true. (2) MATERIAL. A statement is "material,"
regardless of the admissibility of the statement under the rules of evidence, if it could
have affected the course or outcome of the official proceeding. It is no defense that the
declarant mistakenly believed the falsification to be immaterial. Whether a...
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22-52-30
Section 22-52-30 Definitions. When used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) CAPACITY
TO PROCEED OR CONTINUE TO TRIAL. Whether or not a defendant accused of a crime: a. Understands
the nature of the charges preferred against him; and b. Is capable of assisting his attorney
in the preparation of the defense of his case. (2) COMMISSIONER. The Commissioner of the Department
of Mental Health of the State of Alabama. (3) SUPERINTENDENT. The superintendent or director
of Bryce Hospital located in Tuscaloosa County, the superintendent or director of Searcy Hospital
located in Mobile County or the superintendent or director of any such facility as defined
in subdivision (4) of this section. (4) FACILITY. Any state-owned or state-operated hospital
or other facility, whether currently operating or to be operated in the future, utilized for
the diagnosis, care, treatment, training or...
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31-2A-20
Section 31-2A-20 (Article 20.) Jurisdiction of summary courts-martial.. (a) Subject to Section
31-2A-17 (Article 17), summary courts-martial have jurisdiction to try persons subject to
this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable
by this code under such limitations as the Governor may prescribe. (b) No person with respect
to whom summary courts-martial have jurisdiction may be brought to trial before a summary
court-martial if that person objects thereto. If objection to trial by summary court-martial
is made by an accused, trial by special or general courts-martial may be ordered, as may be
appropriate. Summary courts-martial, under such limitations as the Governor may prescribe,
may adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct
discharge, confinement, restriction to specified limits for more than two months, or forfeiture
of more than 15 days of pay. (Act 2012-334, p. 790, §1.)...
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5-19-25
Section 5-19-25 Cease and desist orders by administrator; penalties for violation of this chapter;
right to counsel at hearing; judicial review. After notice and hearing, the administrator
may order a licensee under this chapter or a person acting on behalf of the licensee to cease
and desist from engaging in violations of this chapter. A creditor who is found by the administrator,
after notice and hearing, to have violated this chapter may be ordered by the administrator
to pay a civil penalty in an amount determined by the administrator of not more than ten thousand
dollars ($10,000) in the aggregate for all violations of a similar nature or, where violations
are knowing violations, of not more than fifty thousand dollars ($50,000), in addition to
any other penalties provided by law, including, but not limited to, license revocation. Violations
shall be of a similar nature if the violations consist of the same or substantially the same
course of action or practice irrespective of the...
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