Title 15: COURT PROCEDURE -- CRIMINAL

Similar documents
Title 14: COURT PROCEDURE -- CIVIL

Title 20-A: EDUCATION

Maine Revised Statutes. Title 4: JUDICIARY. Chapter 5: DISTRICT COURT

Title 13-B: MAINE NONPROFIT CORPORATION ACT

Title 30-A: MUNICIPALITIES AND COUNTIES

Title 21-A: ELECTIONS

Title 15: COURT PROCEDURE -- CRIMINAL

PART III - CALIFORNIA PENAL CODES

Title 4: JUDICIARY. Chapter 19: NOTARIES PUBLIC. Table of Contents

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

Title 15: COURT PROCEDURE -- CRIMINAL

Title 26: LABOR AND INDUSTRY

Title 17-A: MAINE CRIMINAL CODE

Title 14: COURT PROCEDURE -- CIVIL

Title 17-A: MAINE CRIMINAL CODE

Title 7: AGRICULTURE AND ANIMALS

Title 7: AGRICULTURE AND ANIMALS

Title 4: JUDICIARY. Chapter 7: PROBATE COURT. Table of Contents

Title 32: PROFESSIONS AND OCCUPATIONS

Title 34-A: CORRECTIONS

Title 15: COURT PROCEDURE -- CRIMINAL

TRAVERSE JUROR HANDBOOK

Title 17-A: MAINE CRIMINAL CODE

Title 15: COURT PROCEDURE -- CRIMINAL

Title 20-A: EDUCATION

Title 13-B: MAINE NONPROFIT CORPORATION ACT

Title 23: TRANSPORTATION

Title 6: AERONAUTICS

Title 19-A: DOMESTIC RELATIONS

HANDBOOK FOR TRIAL JURORS SERVING IN THE UNITED STATES DISTRICT COURTS

Title 17: CRIMES. Chapter 47: DISCRIMINATION. Table of Contents

NOTE WELL: See provisions pertaining to convening an investigative grand jury noted in N.C. Gen. Stat. 15A-622(h).

The jury panel is selected by lot from all the names of registered voters or from persons having a valid driver s license.

Copyright Prosecuting Attorneys Council of Georgia Morrow, Georgia 30260

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY

Title 17-A: MAINE CRIMINAL CODE

Title 14: COURT PROCEDURE -- CIVIL

Title 6: AERONAUTICS

FLORIDA RULES OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS

Title 32: PROFESSIONS AND OCCUPATIONS

Title 10: COMMERCE AND TRADE

Title 11: UNIFORM COMMERCIAL CODE

Title 13-B: MAINE NONPROFIT CORPORATION ACT

Supplement No. 3 published with Gazette No. 12 dated 4 th June, 2018.

Title 10: COMMERCE AND TRADE

JUROR INSTRUCTIONS ALONG W/ QUESTIONS & ANSWERS FOR POTENTIAL JURORS

Title 10: COMMERCE AND TRADE

Title 14: COURT PROCEDURE -- CIVIL

IC 5-8 ARTICLE 8. OFFICERS' IMPEACHMENT, REMOVAL, RESIGNATION, AND DISQUALIFICATION. IC Chapter 1. Impeachment and Removal From Office

No. 999 of Oaths, Affirmations and Statutory Declarations Act Certified on: / /20.

Title 15: COURT PROCEDURE -- CRIMINAL

Title 17-A: MAINE CRIMINAL CODE

Introduction How Jurors are Selected Qualifications Exemptions. Your Role As A Juror Sequence of a Trial Petit and Grand Juries

Title 10: COMMERCE AND TRADE

POST SUSPENSION OF A MEMBER OF THE AMERICAN LEGION OR LEGION FAMILY

Title 15: COURT PROCEDURE -- CRIMINAL

MAINE REVISED STATUTES ANNOTATED TITLE 4. JUDICIARY CHAPTER 5. DISTRICT COURT

Title 17-A: MAINE CRIMINAL CODE

Grand Jury Handbook. From the Office of. Your District Attorney

Title 10: COMMERCE AND TRADE

Case 2:06-x BAF Document 1 Filed 05/04/2006 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Title 28-A: LIQUORS. Chapter 100: MAINE LIQUOR LIABILITY ACT. Table of Contents Part 8. LIQUOR LIABILITY...

Title 17-A: MAINE CRIMINAL CODE

STATUTES AND RULES OF CIVIL PROCEDURE GOVERNING QUALIFICATIONS OF JURORS. Colorado Revised Statutes

Court s in Session: Jury Trials for Clerks OBJECTIVES. About having a Jury Trial? Texas Municipal Courts Education Center.

Title 10: COMMERCE AND TRADE

Title 22: HEALTH AND WELFARE

BERMUDA COMMISSIONS OF INQUIRY ACT : 25

District Court, S. D. Georgia. Nov. Term, 1867.

Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA (800)

1 HB By Representatives Givan, Davis and Shedd (Constitutional. 4 Amendment) 5 RFD: Constitution, Campaigns and Elections

Religious Beliefs, Motion for Voir Dire on Sentence Length, and Motion for Voir

The Mechanics of Impaneling a Jury OBJECTIVES. About Impaneling a Jury? Texas Municipal Courts Education Center. Fall 2009

Criminal Litigation: Step-By-Step

(a) Except as provided in K.S.A Supp and , and amendments thereto, if a

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT MILLEDGEVILLE AT AN ANNUAL SESSION, IN NOVEMBER & DECEMBER, 1819.

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 505

Title 28-A: LIQUORS. Chapter 19: AGENCY LIQUOR STORES. Table of Contents Part 2. AGENCY LIQUOR STORES...

Title 8 Laws of Bermuda Item 103 BERMUDA 1871 : 14 ESCHEATS ACT 1871 ARRANGEMENT OF SECTIONS

Title 21-A: ELECTIONS

TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS [RULES 523 to 591. Repealed effective August 31, 2013]

Police Service Act 2009

OHIO RULES OF CRIMINAL PROCEDURE

BERMUDA PARLIAMENT ACT : 19

Title 10: COMMERCE AND TRADE

Title 7: AGRICULTURE AND ANIMALS

Title 30-A: MUNICIPALITIES AND COUNTIES

Chapter 3 The Court System and Chapter 4 The Litigation Process

Unless otherwise expressly provided, in Part V of these Rules of Civil Procedure:

Grand jury; proceedings and operation in general

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1997 S 1 SENATE BILL 835* Short Title: Court Improvement Act/Constitution.

F.S BAIL Ch.903

Number 11 of 2006 CRIMINAL LAW (INSANITY) ACT 2006 REVISED. Updated to 3 November 2014

Criminal Litigation: Step-By-Step

ACT ARRANGEMENT OF SECTIONS. as amended by

UNOFFICIAL COPY OF HOUSE BILL 1024 CHAPTER 372

CHAPTER 2.04 COMMISSIONS OF INQUIRY ACT

HANDBOOK FOR JURORS TO THOSE WHO HAVE BEEN SUMMONED TO SERVE AS JURORS

UNOFFICIAL COPY OF SENATE BILL 796. ENROLLED BILL -- Judicial Proceedings/Judiciary -- Read and Examined by Proofreaders:

General Information. Issuing criminal indictments to require defendants to go to trial on felony charges, and

Transcription:

Title 15: COURT PROCEDURE -- CRIMINAL Chapter 203: JURIES Table of Contents Part 3. TRIALS... Section 1251. LIST OF GRAND JURORS... 3 Section 1252. OATHS... 3 Section 1253. AFFIRMATIONS... 3 Section 1254. JUROR'S OATH OR AFFIRMATION IN CASES PUNISHABLE BY IMPRISONMENT... 3 Section 1255. FOREMAN (REPEALED)... 3 Section 1255-A. GRAND JURY TERRITORIAL AUTHORITY TO INDICT FOR CRIMES... 3 Section 1256. GRAND JURY TO PRESENT ALL CRIMES... 4 Section 1257. DISCLOSURES IMPROPER (REPEALED)... 4 Section 1258. JURIES FOR CRIMINAL OFFENSES; CHALLENGES... 4 Section 1258-A. VOIR DIRE... 5 Section 1259. CHALLENGES FOR CAUSE... 5 Section 1260. VIEW BY JURY... 5 i

Text current through November 1, 2018, see disclaimer at end of document. ii

Maine Revised Statutes Title 15: COURT PROCEDURE -- CRIMINAL Chapter 203: JURIES 1251. LIST OF GRAND JURORS Prior to the commencement of each term of the court to which grand jurors are returned, in any county, the clerk of the court shall make out from the returns on the venires an alphabetical list of such jurors. 1252. OATHS When the grand jury is to be impaneled, the clerk shall call the first 2 persons named on the list and administer the following oath to them: "You, as grand jurors of this County of..., solemnly swear that you will diligently inquire and true presentment make of all matters and things given you in charge. The state's counsel, your fellows' and your own, you shall keep secret. You shall present no man for envy, hatred or malice; nor leave any man unpresented for love, fear, favor, affection or hope of reward; but you shall present things truly as they come to your knowledge, according to the best of your understanding. So help you God." The other jurors shall then be called, in such divisions as the court orders and the following oath shall be administered to them: "The same oath which your fellows have taken on their part, you and each of you on your part shall well and truly observe and keep. So help you God." 1253. AFFIRMATIONS When any person returned as grand juror is conscientiously scrupulous of taking an oath, he may make affirmation, substituting the word "affirm" instead of "swear" and the words "This you do under the pains and penalties of perjury" instead of "So help you God." 1254. JUROR'S OATH OR AFFIRMATION IN CASES PUNISHABLE BY IMPRISONMENT The following oath shall be administered to jurors in criminal cases: "You swear, that in all causes committed to you, you will give a true verdict therein, according to the law and evidence given you. So help you God." Any juror, conscientiously scrupulous of taking an oath, may affirm in the mode described in section 1253. [1979, c. 541, Pt. B, 21 (AMD).] 1977, c. 114, 27 (RPR). 1979, c. 541, B21 (AMD). 1255. FOREMAN (REPEALED) 1965, c. 356, 45 (RP). 1255-A. GRAND JURY TERRITORIAL AUTHORITY TO INDICT FOR CRIMES 1. General rule. Grand jury territorial authority to indict for crimes coming within the jurisdiction of the Superior Court must be exercised by the grand jury serving the county where the crime was committed. 2. Exceptions. The following are exceptions to subsection 1. 12.12.2018 1251. List of grand jurors 3

A. If the Chief Justice of the Supreme Judicial Court creates judicial regions for venue purposes pursuant to Title 4, section 19, each grand jury in a multicounty judicial region may share authority to indict for crimes committed in that judicial region. [2007, c. 526, 1 (NEW).] B. Grand jury territorial authority to indict for crimes may also be exercised as otherwise provided by law. [2007, c. 526, 1 (NEW).] 3. Administration. The Supreme Judicial Court shall establish by rule or administrative order how and to what extent the shared authority of each grand jury in a multicounty judicial region to indict under subsection 2 may be exercised. 2007, c. 526, 1 (NEW). 1256. GRAND JURY TO PRESENT ALL CRIMES Grand juries shall present all crimes for which by law they are given territorial authority to indict, and may appoint one of their number to take minutes of their proceedings to be delivered to the attorney, if the jury so directs. When they are dismissed before the court adjourns, they may be summoned again, on any special occasion, at such time as the court directs. Evidence may be offered to the grand jury by the Attorney General, the district attorney, the assistant district attorney and, at the discretion of the presiding justice, by such other persons as said presiding justice may permit. [2007, c. 526, 2 (AMD).] 1973, c. 567, 20 (AMD). 2007, c. 526, 2 (AMD). 1257. DISCLOSURES IMPROPER (REPEALED) 1965, c. 356, 46 (RP). 1258. JURIES FOR CRIMINAL OFFENSES; CHALLENGES When a person charged with a criminal offense, who has not waived his right to trial by jury, is put upon his trial, the clerk, under the direction of the court, shall place the names of all the traverse jurors summoned and in attendance in a box upon separate tickets, and the names, after being mixed, shall be drawn from the box by the clerk, one at a time. The Supreme Judicial Court shall by rule provide the manner of exercising all challenges, and the number and order of peremptory challenges. [1965, c. 482, 1 (AMD).] Whenever by reason of the prospective length of a criminal trial the court in its discretion shall deem it advisable, it may direct that jurors in addition to the regular panel be called and impanelled to sit as alternate jurors. Such alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. Such alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath and shall have the same functions, powers, facilities and privileges and be subject to the same obligations and penalties as jurors on the regular panel. An alternate juror who does not replace a juror on the regular panel shall be discharged when the jury retires to consider 4 1256. Grand jury to present all crimes 12.12.2018

its verdict. The Supreme Judicial Court shall by rule provide the number of alternate jurors, the manner of exercising all challenges to alternate jurors, and the order and number of peremptory challenges to alternate jurors. [1965, c. 356, 47 (RPR).] 1965, c. 356, 47 (RPR). 1965, c. 482, 1 (AMD). 1258-A. VOIR DIRE Any rule of court or statute to the contrary notwithstanding, the court shall permit voir dire examination to be conducted by the parties or their attorneys under its direction. [1965, c. 482, 2 (NEW).] 1965, c. 482, 2 (NEW). 1259. CHALLENGES FOR CAUSE Challenges for cause shall be allowed to the prosecuting officer and the accused as in civil cases, but no member of a grand jury finding an indictment shall sit on the trial thereof, if challenged therefor by the accused. [1965, c. 356, 48 (RPR).] 1965, c. 356, 48 (RPR). 1260. VIEW BY JURY The court may order a view by any jury in a criminal case. The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication: All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the Second Special Session of the 128th Maine Legislature and is current through November 1, 2018. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text. The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights. PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney. 12.12.2018 1258-A. Voir dire 5