12-12 (Indictments, Information and Complaints), 12-28 (Victim's Rights), 12-29.1 (Elderly Violence Prevention Act) Flashcards
12-12-17 Statutes of Limitations) For No limitations are;
No Limitations for, Treason, homicide, arson, 1st-3rd dg arson, burglary, counterfeiting, forgery, robbery, rape, 1st dg sex assault, 1st & 2nd Child Molest, bigamy, man-sel-dist-poss w/intent to manufacture a controlled substance or any life imprisonment.
12-12-17 (Statues of Limitations shall be 10 years for the following offenses are;
Receiving stolen goods, embezzlement/fraudulent conversion, obtaining property by false pretenses, embezzlement of a bank officer/employee, obtaining signature by false pretenses, any felony larceny, any bribery, giving false docs to public official, perjury, threats/extortion, RECO, bank and residential mortgage fraud. All other limitations is 3 years.
Capital / Life Offenses (12-12-1.1) are prosecuted by an;
Indictment
12-12-1.2 ( Less than capital or life offenses (Felonies) prosecuted by
Felony offense punishable by more than a year or $1000 may be prosecuted by an indictment or info signed by AG.
Less than 1000 fine may be prosecuted by a;
Complaint by the PD
Victim’s Rights (12-28), what are the general rights?
To be notified at least less than every 3 months of status. Notified of LEO arraignment and if release. To receive protection of harm/threats from cooperation. To be notified of court proceedings needed to testify or sufficient time for cancellations. To be provided (if possible) a secure waiting area away from defendant and family/friends. Info for any witness fee. To provide appropriate employer absence services so victim can cooperate w/process so to minimize victims loss of pay…etc. Property returned that was stolen no longer needed for evidence. Info for financial/social assistance. To be consulted by admin of Probation/Parole to discuss the impact report as result of crime on felony cases. The right to address court prior to sentencing after guilty adjudication of a trial. To be informed of dispo against offender. To be notified when perp is released from custody..( if by parole, then parole will. If by DOC then DOC will after victims register w/DOC of name/address to send to by DOC to include transfer out of state, escape and death). To be afforded impact statement that will be used for review on plea’s/parole boards. To be informed by prosecution of final dispo. Victim families of homicide will be immediately be afforded same rights. (For misdemeanors LEA’s making the arrests are responsible for sections 12-8-9; victim services).
12-28-4 (Community Impact statement) right to address court, who are they as defined;
means any body of people living in the same place or neighborhood sharing common interests arising from social, business, religious, governmental, scholastic or recreational associations.
12-28-4 ( Right to address court prior to sentencing), when in the procedure does this happen?
The victim shall be permitted to speak prior to counsel for the state and the defendant making their sentencing recommendations to the court and prior to the defendant’s exercise of his or her right to address the court.
12-28-4.1. Right to address court regarding plea negotiation is when?
The victim shall be permitted to speak prior to counsel for the state and the defendant making their sentencing recommendations to the court and prior to the defendant’s exercise of his or her right to address the court.
12-28-4.2. Representative of incapacitated victim for impact statement and victims rights are?
A member of the immediate family of a victim who is under the age of twelve (12) at the time of sentencing, or who is personally unable to exercise the rights established by this chapter due to physical incapacity resulting from the crime, shall, upon request, be afforded the opportunity to exercise those rights on the victim’s behalf.
12-28-8. Child victims Rights, what are they as defined;
in this section, “child” is anyone who is less than (15) years of age. To have explanations, in language understandable to a child of the victim’s age, of all investigative and judicial proceedings in which the child will be involved; To be accompanied at all investigative and judicial proceedings by a relative, guardian, or other person who will contribute to the child’s sense of well being, unless that person will impede the case. All process with the child be minimized to their presence. To testify in manner that will be the least traumatic to the child. To be provided info on services (social programs, coping..etc)
12-28-13. Victim’s economic security and safety, what is the reason/definitions;
Every employer in the state, with fifty (50) or more employees, shall allow an employee who is a victim of a crime to leave work to attend court proceedings related to the crime. An employer may not dismiss an employee, nor is an employer is not required to compensate an employee, but employees may elect to use or an employer may require the employee to use the employee’s accrued paid vacation, personal leave or sick leave, also a victim of a crime shall not lose seniority, victim employees shall provide the employer with a copy of notification of court proceedings, An employer may limit the leave provided under this section if the employee’s leave creates an undue hardship to the employer’s business.
12-29-2 (Domestic Violence Prevention Act) definition of a domestic relationship are?
Family or household member: spouses, former spouses, adult persons related by blood or marriage, step-parents, and step-children (18 yrs or older). Adult persons who are presently residing together or have resided together within the past 3 yrs. Persons with a child in common whether or not lived together. Persons involved in a substantive dating relationship (whether 18 yrs older or younger) at anytime during the last 12 months.
12-29-1.1 (Full Faith And Credit) for Domestic Violence is;
Any protective order issued by another jurisdiction, as defined in § 12-29-2, shall be given full faith and credit throughout the state and enforced as if it were issued in the state for as long as the order is in effect in the issuing jurisdiction.
12-29-3 (Domestic Violence) officer shall arrest and take into custody the alleged perpetrator of the crime when the officer has probable cause to believe that any of the following acts has occurred’
A felonious assault; An assault that has resulted in bodily injury to the victim, whether or not the injury is observable by the responding officer; Physical action that was intended to cause another person reasonably to fear imminent serious bodily injury or death. “Bodily injury” means physical pain, illness, or an impairment of physical condition; or Violation of a protective order and the violator has previous knowledge of the order and the terms of it; Violation of a no-contact order issued pursuant to § 12-29-4.
