Section 12-17-13. – Jury ordered not to separate.
§ 12-17-13. Jury ordered not to separate. Upon motion of the attorney general or of the attorney for the defendant in a criminal case, the court may, in its discretion, order that the jury impaneled and sworn to serve shall not be permitted to separate until discharged according to law from the further consideration of […]
Section 12-17-14. – Conviction of lesser-included offense or attempt.
§ 12-17-14. Conviction of lesser-included offense or attempt. Whenever any person is tried upon an indictment, information, or complaint and the court or jury, as the case may be, shall not be satisfied that he or she is guilty of the whole offense, but shall be satisfied that he or she is guilty of so […]
Section 12-17-15. – Compelling evidence in criminal proceedings — Immunity.
§ 12-17-15. Compelling evidence in criminal proceedings — Immunity. Whenever a witness, including a child as defined in § 14-1-3, refuses, on the basis of his or her privilege against self-incrimination, to answer a question or to produce other evidence of any kind in a criminal proceeding before any court or grand jury of this […]
Section 12-17-16. – Defendant’s right of discovery.
§ 12-17-16. Defendant’s right of discovery. In any criminal proceeding where the prosecution is in possession of tangible evidence which may be used at trial of any defendant, the defendant shall have the right upon demand given in writing to the prosecuting authorities to inspect, examine, and/or copy the evidence at a time and place […]
Section 12-17-17. – Restrictions on the defense of provocation.
§ 12-17-17. Restrictions on the defense of provocation. For purposes of determining sudden quarrel or heat of passion, the provocation was not objectively reasonable if it resulted solely from the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in […]
Section 12-17-18. – Restrictions on the defense of diminished capacity.
§ 12-17-18. Restrictions on the defense of diminished capacity. A defendant does not suffer from reduced mental capacity based solely on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic […]
Section 12-17-19. – Restrictions on the defense of self-defense.
§ 12-17-19. Restrictions on the defense of self-defense. A person is not justified in using force against another based solely on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic […]
Section 12-17-6. – Control and disposition of property used as evidence.
§ 12-17-6. Control and disposition of property used as evidence. All property, money, or estate taken or detained as evidence in any criminal cause shall be subject to the order of the court before which the indictment, information, or complaint shall be brought or pending, and shall, at the termination of the cause, be restored […]
Section 12-17-7. – Release of property held as evidence after escape of defendant.
§ 12-17-7. Release of property held as evidence after escape of defendant. If any defendant charged with the commission of any crime or offense after arrest upon indictment, information, or complaint found shall have escaped, the court before which the indictment, information, or complaint shall be pending may, after the lapse of a reasonable time, […]
Section 12-17-8. – Compulsory process for defense witnesses.
§ 12-17-8. Compulsory process for defense witnesses. Compulsory process for obtaining witnesses in favor of any person indicted or charged by information shall issue out of any court before which the person shall be brought for trial, upon a satisfactory showing that he or she is unable to procure witnesses at his or her own […]