§ 12-17-1. Trial in superior court only on indictment, information, or appeal — Venue. No person shall be put on trial for any offense before the superior court except upon indictment found by a grand jury, or upon an information signed by the attorney general or one of the attorney general’s designated assistants, or upon […]
§ 12-17-10. Defendant’s spouse as witness. The husband or wife of any respondent in a criminal prosecution, offering himself or herself as a witness, shall not be excluded from testifying because he or she is the husband or wife of the respondent. History of Section.C.P.A. 1905, § 397; G.L. 1909, ch. 292, § 45; G.L. […]
§ 12-17-10.1. Spouse as witness in domestic or child abuse actions. In any prosecution involving sexual assault, assault, or abuse committed against one’s spouse or against a minor child of the defendant or of the defendant’s spouse, the judge may order the spouse of the defendant to give testimony against the defendant notwithstanding the fact […]
§ 12-17-11. Commitment of witness on presumption of perjury. Whenever it shall appear to any court of record that any witness or party who has been legally sworn or affirmed and examined or has made an affidavit in the proceeding before the court has testified in such a manner as to induce a reasonable presumption […]
§ 12-17-12. Detention of evidence as to perjury. If, in any proceeding in which perjury may be reasonably presumed pursuant to § 12-17-11, any papers, books, or documents shall have been produced which shall be deemed necessary to be used in any prosecution for perjury, the court may by order detain them from the person […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 12-17-2. “Not guilty” plea inferred. If any person on being arraigned for an offense shall stand mute or not answer directly, or shall peremptorily challenge a greater number of the persons summoned as jurors than he or she is by law entitled to challenge, the plea of “not guilty” shall be entered on the […]
§ 12-17-3. Waiver of jury trial — Special findings and rulings. In all criminal cases the accused may, if he or she shall so elect and with the leave of the court, waive a trial by jury, and in those cases the court shall have jurisdiction to hear and try the cause without a jury […]
§ 12-17-4. Repealed.
§ 12-17-5. Continuance of trial to conclusion after opening to jury. Notwithstanding the provisions of § 8-7-2, and notwithstanding the provisions of any other law previously enacted, whenever a criminal trial shall have been opened to a jury the trial shall continue to its conclusion. History of Section.P.L. 1949, ch. 2335, § 1; G.L. 1956, […]
§ 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 […]
§ 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, […]
§ 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 […]
§ 12-17-9. Defendant as witness. No respondent in a criminal prosecution, offering himself or herself as a witness, shall be excluded from testifying because he or she is a respondent; and neglect or refusal so to testify shall create no presumption nor be used in argument against him or her. History of Section.C.P.A. 1905, § […]
