reglab/housing_qa huggingface dataset:
13 V.S.A. § 5581
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5581. Eyewitness identification policy

§ 5581. Eyewitness identification policy|(a) On or before January 1, 2015, every State, county, and municipal law enforcement agency and every constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with 20 V.S.A. § 2358 shall adopt an eyewitness identification policy.(b) The written policy shall contain, at a minimum, the following essential elements as identified by the Law Enforcement Advisory Board:  (1) Protocols guiding the use of a show-up identification procedure. (2) The photo or live lineup shall be conducted by a blind administrator who does not know the suspect's identity. For law enforcement agencies with limited staff, this can be accomplished through a procedure in which photographs are placed in folders, randomly numbered and shuffled, and then presented to an eyewitness such that the administrator cannot see or track which photograph is being presented to the witness until after the procedure is completed. (3) Instructions to the eyewitness, including that the perpetrator may or may not be among the persons in the identification procedure. (4) In a photo or live lineup, fillers shall possess the following characteristics:  (A) All fillers selected shall resemble the eyewitness's description of the perpetrator in significant features such as face, weight, build, or skin tone, including any unique or unusual features such as a scar or tattoo. (B) At least five fillers shall be included in a photo lineup, in addition to the suspect. (C) At least four fillers shall be included in a live lineup, in addition to the suspect.  (5) If the eyewitness makes an identification, the administrator shall seek and document a clear statement from the eyewitness, at the time of the identification and in the eyewitness's own words, as to the eyewitness's confidence level that the person identified in a given identification procedure is the perpetrator.   (c) The model policy issued by the Law Enforcement Advisory Board shall encourage ongoing law enforcement training in eyewitness identification procedures for State, county, and municipal law enforcement agencies and constables who exercise law enforcement authority pursuant to 24 V.S.A. § 1936a and are trained in compliance with 20 V.S.A. § 2358.(d) If a law enforcement agency does not adopt a policy by January 1, 2015 in accordance with this section, the model policy issued by the Law Enforcement Advisory Board shall become the policy of that law enforcement agency or constable. (Added 2013, No. 193 (Adj. Sess.), § 1, eff. June 17, 2014.)
13 V.S.A. § 5585
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5585. Electronic recording of a custodial interrogation

§ 5585. Electronic recording of a custodial interrogation|(a) As used in this section:  (1) "Custodial interrogation" means any interrogation:  (A) involving questioning by a law enforcement officer that is reasonably likely to elicit an incriminating response from the subject; and (B) in which a reasonable person in the subject's position would consider himself or herself to be in custody, starting from the moment a person should have been advised of his or her Miranda rights and ending when the questioning has concluded.  (2) "Electronic recording" or "electronically recorded" means an audio and visual recording that is an authentic, accurate, unaltered record of a custodial interrogation, or if law enforcement does not have the current capacity to create a visual recording, an audio recording of the interrogation. (3) "Place of detention" means a building or a police station that is a place of operation for the State police, a municipal police department, county sheriff department, or other law enforcement agency that is owned or operated by a law enforcement agency at which persons are or may be questioned in connection with criminal offenses or detained temporarily in connection with criminal charges pending a potential arrest or citation. (4) "Statement" means an oral, written, sign language, or nonverbal communication.   (b)(1) A custodial interrogation that occurs in a place of detention concerning the investigation of a felony violation of chapter 53 (homicide) or 72 (sexual assault) of this title shall be electronically recorded in its entirety.  (2) In consideration of best practices, law enforcement shall strive to record simultaneously both the interrogator and the person being interrogated.   (c)(1) The following are exceptions to the recording requirement in subsection (b) of this section:   (A) exigent circumstances; (B) a person's refusal to be electronically recorded; (C) interrogations conducted by other jurisdictions; (D) a reasonable belief that the person being interrogated did not commit a felony violation of chapter 53 (homicide) or 72 (sexual assault) of this title and, therefore, an electronic recording of the interrogation was not required; (E) the safety of a person or protection of his or her identity; and (F) equipment malfunction.  (2) If law enforcement does not make an electronic recording of a custodial interrogation as required by this section, the prosecution shall prove by a preponderance of the evidence that one of the exceptions identified in subdivision (1) of this subsection applies. If the prosecution does not meet the burden of proof, the evidence is still admissible, but the court shall provide cautionary instructions to the jury regarding the failure to record the interrogation. (Added 2013, No. 193 (Adj. Sess.), § 4, eff. Oct. 1, 2015.)
13 V.S.A. § 5606
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 183 - Indictment and Information; Grand Jury|§ 5606. Penalties

§ 5606. Penalties|A court reporter or other person taking, recording, or transcribing testimony given before a grand jury who reveals any matter or thing coming before the grand jury, except as the Supreme Court may authorize by rule, shall be imprisoned not more than one year or fined not more than $1,000.00 nor less than $100.00, or both. (Amended 1973, No. 118, § 19, eff. Oct. 1, 1973.)
13 V.S.A. § 6501
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 201 - Pleadings and Proof; Trial|§ 6501. Rights of accused

§ 6501. Rights of accused|On the trial of an information or indictment, the party accused may defend himself or herself, be heard by counsel, produce witnesses and proofs in his or her favor, and shall be confronted with the witnesses produced against him or her.
13 V.S.A. § 6502
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 201 - Pleadings and Proof; Trial|§ 6502. Presumption of innocence

§ 6502. Presumption of innocence|The presumption of innocence in criminal causes shall attend the accused until the jury renders a verdict of guilty, and the court shall charge the jury accordingly. This presumption of innocence is a proper subject of comment in argument.
13 V.S.A. § 6504
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 201 - Pleadings and Proof; Trial|§ 6504. Employment of counsel on behalf of State

§ 6504. Employment of counsel on behalf of State|In the examination of a person charged with a crime exceeding the jurisdiction of a Criminal Division of the Superior Court to try and determine, commenced upon the complaint of a complaining officer not entitled to draw a salary, and in the trial of person before such court upon the complaint of such an officer, charging him or her with a crime within the jurisdiction of such court to try and determine, where the fine is payable to the State, such officer may employ counsel at the expense of the State, when the State's Attorney is disqualified or unable seasonably to attend at such examination or trial. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 53, eff. April 9, 1974; 2009, No. 154, § 238.)
13 V.S.A. § 6505
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 201 - Pleadings and Proof; Trial|§ 6505. Payment

§ 6505. Payment|The Commissioner of Finance and Management shall allow counsel so employed a reasonable compensation for his or her services and expenses and shall issue his or her warrant for the amount allowed. Compensation shall not be allowed where it appears to the Commissioner that the prosecution was superfluous and instituted to enhance costs, nor in the trial of a person upon a complaint for intoxication or for any other offense against the title relating to alcoholic beverages, except where the respondent pleads not guilty. (Amended 1959, No. 329 (Adj. Sess.), § 8; 2017, No. 83, § 146.)
13 V.S.A. § 6555
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 201 - Pleadings and Proof; Trial|§ 6555. Nolle prosequi when proof shows greater offense than charged

§ 6555. Nolle prosequi when proof shows greater offense than charged|If, upon the trial of a person charged with an offense, the facts given in evidence amount in law to a greater offense than the one charged, such person shall not by reason thereof be acquitted, but the court, in its discretion, may allow a nolle prosequi to be entered in order that he or she may be prosecuted for the greater offense.
13 V.S.A. § 6556
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 201 - Pleadings and Proof; Trial|§ 6556. Former acquittal a bar

§ 6556. Former acquittal a bar|A person shall not be held to answer on a second complaint, information, or indictment for an offense of which he or she was acquitted by a jury upon the merits on a former trial. Such acquittal may be pleaded in bar of a subsequent prosecution for the same offense, notwithstanding defects in the form or substance of the complaint, information, or indictment on which he or she was acquitted.
13 V.S.A. § 6557
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 201 - Pleadings and Proof; Trial|§ 6557. Exceptions

§ 6557. Exceptions|When a person is acquitted by reason of a variance between the complaint, information, or indictment and the proof, or upon an exception to the form or substance of the complaint, information, or indictment, he or she may be arraigned again on a new complaint, information, or indictment and may be tried and convicted for the same offense notwithstanding such former acquittal.
13 V.S.A. § 6558
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 201 - Pleadings and Proof; Trial|§ 6558. Allegation and proof of ownership

§ 6558. Allegation and proof of ownership|In the prosecution of an offense committed upon, or in relation to, or in any way affecting real estate, or an offense committed in stealing, embezzling, injuring, or fraudulently receiving or concealing money or other personal estate, it shall be sufficient and not deemed a variance if it is proved on trial that, at the time when the offense was committed, the actual or constructive possession, or the general or special property in whole or in part of such real or personal estate was in the person alleged in the complaint, information, or indictment to be the owner thereof.
13 V.S.A. § 6559
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 201 - Pleadings and Proof; Trial|§ 6559. Allegation and proof of intent to defraud

§ 6559. Allegation and proof of intent to defraud|When an intent to defraud is required to constitute a criminal offense, it shall be sufficient to allege in the complaint, information, or indictment an intent to defraud, without naming the person or body corporate intended to be defrauded. On trial it shall be sufficient and shall not be deemed a variance if there appears to have been an intent to defraud the United States, a state, county, town, city, district, a body corporate, a public officer in his or her official capacity, a partnership or members thereof, or a person.
13 V.S.A. § 6560
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 201 - Pleadings and Proof; Trial|§ 6560. Truth as defense in prosecution for libel or defamation

§ 6560. Truth as defense in prosecution for libel or defamation|If a person is prosecuted by information or indictment for uttering and publishing a libel or for defaming the civil authority of the State, under a plea of not guilty, he or she may give evidence as to the truth of the words contained in such supposed libel, as set forth in the information or indictment. If he or she proves their truth to the satisfaction of the jury, it shall find the respondent not guilty in its verdict.
13 V.S.A. § 6565
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 201 - Pleadings and Proof; Trial|§ 6565. Pleas

§ 6565. Pleas|(a) In prosecutions for felonies, the State's Attorney shall place on record in open court the content of the plea agreement, including the offenses charged and the disposition of those charges.(b) No plea agreement shall be binding upon the court nor shall it limit the court in the judgment and sentence to be imposed. A defendant may not withdraw a plea of guilty or nolo contendere except as provided in Rule 32(d) of the Vermont Rules of Criminal Procedure.(c)(1) Prior to accepting a plea of guilty or a plea of nolo contendere from a defendant in a criminal proceeding pursuant to Rule 11 of the Vermont Rules of Criminal Procedure, the court shall address the defendant personally in open court, informing the defendant and determining that the defendant understands that, if he or she is not a citizen of the United States, admitting to facts sufficient to warrant a finding of guilt or pleading guilty or nolo contendere to a crime may have the consequences of deportation or denial of U.S. citizenship.  (2) If the court fails to advise the defendant in accordance with this subsection, and he or she later at any time shows that the plea and conviction may have or has had a negative consequence regarding his or her immigration status, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea or admission and enter a plea of not guilty.   (d) Each State's Attorney shall submit an annual report to the Office of the Executive Director of the State's Attorneys, in such form as the Executive Director may require, providing information as to the use of plea agreements. (Added 1981, No. 223 (Adj. Sess.), § 21; amended 1983, No. 229 (Adj. Sess.), § 2; 2005, No. 121 (Adj. Sess.), § 1, eff. Sept. 1, 2006; 2017, No. 14, § 1.)
13 V.S.A. § 6566
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 201 - Pleadings and Proof; Trial|§ 6566. Defense based on victim identity prohibited

§ 6566. Defense based on victim identity prohibited|In a prosecution or sentencing for any criminal offense, the following shall not be used as a defense to the defendant's criminal conduct, to establish a finding that the defendant suffered from diminished capacity, to justify the defendant's use of force against another, or to otherwise mitigate the severity of the offense:  (1) evidence of the defendant's discovery of, knowledge about, or the potential disclosure of the crime victim's actual or perceived sexual orientation or gender identity, including under circumstances in which the victim made a nonforcible, noncriminal romantic or sexual advance toward the defendant; or (2) evidence of the defendant's perception or belief, even if inaccurate, of the gender, gender identity, or sexual orientation of a crime victim. (Added 2021, No. 18, § 1, eff. May 5, 2021.)
13 V.S.A. § 6601
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 203 - Evidence|§ 6601. Respondent as witness

§ 6601. Respondent as witness|In the trial of complaints, informations, indictments and other proceedings against persons charged with crimes or offenses, the person so charged shall, at his or her own request and not otherwise, be deemed a competent witness. The credit to be given to his or her testimony shall be left solely to the jury, under the instructions of the court but the failure of such person to testify shall not be a matter of comment to the jury by either the court or the prosecutor and shall not be considered by the jury as evidence against him or her.
13 V.S.A. § 6603
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 203 - Evidence|§ 6603. Failure to obey summons to testify

§ 6603. Failure to obey summons to testify|A person legally summoned to attend a court in this State to testify in a criminal cause, who willfully or wrongfully refuses to attend and testify, shall be fined not less than $10.00 nor more than $100.00 or imprisoned not more than six months, or both.
13 V.S.A. § 6604
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 203 - Evidence|§ 6604. Counseling or aiding in nonattendance of witness

§ 6604. Counseling or aiding in nonattendance of witness|A person who knowingly and wrongfully counsels, aids, or assists a person so summoned to testify, to absent himself or herself from attendance before such court, shall be fined not more than $50.00 nor less than $10.00.
13 V.S.A. § 6605
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 203 - Evidence|§ 6605. Recognizance by witness; commitment

§ 6605. Recognizance by witness; commitment|In a proceeding before a court or magistrate for the investigation or prosecution of a criminal offense, the court or magistrate may order any witness appearing before such court or magistrate to enter into a sufficient recognizance with surety for his or her appearance before any court or magistrate where his or her attendance in such investigation or prosecution is necessary. If the witness refuses to enter into such recognizance with surety, he or she may be committed to jail in the county where his or her attendance as a witness is required, on a warrant of the court or magistrate making the order, and there detained until such time as his or her attendance to testify is required.
13 V.S.A. § 6606
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 203 - Evidence|§ 6606. Separate examination of witnesses

§ 6606. Separate examination of witnesses|On the trial of a person for a criminal offense or on the examination of a person charged therewith before a Criminal Division of the Superior Court, on the request of the prosecuting attorney or the party accused, the court shall have the witnesses examined separately and apart from each other. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 54, eff. April 9, 1974; 2009, No. 154, § 238.)
13 V.S.A. § 6607
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 203 - Evidence|§ 6607. Disclosure of confidential records; notice to prosecution

§ 6607. Disclosure of confidential records; notice to prosecution|When a defendant seeks access to a victim's school records, or to any other records of a victim that are by law confidential, the defendant shall provide written notice to the prosecutor that the records have been requested prior to the service of any subpoena requesting the records. (Added 2007, No. 40, § 11.)
13 V.S.A. § 6641
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 203 - Evidence|§ 6641. Definitions

§ 6641. Definitions|As used in this subchapter, "action" shall include any proceeding or investigation by a grand jury commenced or about to be commenced, or any action, prosecution or proceeding; "witness" shall include a person whose testimony is desired in any such action; and the word "state" shall include any territory of the United States and District of Columbia.
13 V.S.A. § 6642
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 203 - Evidence|§ 6642. Summoning witnesses in this State to testify in another state

§ 6642. Summoning witnesses in this State to testify in another state|If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in an action in this State, certifies under the seal of such court that there is an action pending in that court, that a person being within this State is a material witness in the action, and that his or her presence will be required for a specified number of days, upon presentation of the certificate to any Superior judge in the unit in which the person is, the judge shall fix a time and place for a hearing in the unit and shall notify the witness by an order stating the purpose of the hearing and directing him or her to appear therefor at a time and place certain. (Amended 1965, No. 194, § 10, operative February 1, 1967; 2009, No. 154 (Adj. Sess.), § 110.)
13 V.S.A. § 6643
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 203 - Evidence|§ 6643. Hearing and summons

§ 6643. Hearing and summons|If at such hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in such action in the other state, and that the laws of the state in which such action is pending will give to him or her protection from arrest and the service of civil and criminal process, he or she shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the action is pending at a time and place specified in the summons. In such hearing the certificate shall be prima facie evidence of all the facts stated therein.
13 V.S.A. § 6644
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 203 - Evidence|§ 6644. Arrest and delivery

§ 6644. Arrest and delivery|If such certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to ensure his or her attendance in the requesting state, such judge may direct, in lieu of notification of the hearing, that such witness be forthwith brought before him or her for such hearing. If at such hearing the judge is satisfied as to the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, he or she may order, in lieu of issuing subpoena or summons, that such witness be taken forthwith into custody and delivered to an officer of the requesting state; provided, however, that a witness so taken into custody may enter into recognizance for such attendance as provided in section 6605 of this title.
13 V.S.A. § 6645
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 203 - Evidence|§ 6645. Penalties

§ 6645. Penalties|If the witness, who is summoned as provided in section 6643 of this title, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile and $10.00 for each day that he or she is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he or she shall be imprisoned not more than two years or fined not more than $1,000.00, or both.
13 V.S.A. § 6646
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 203 - Evidence|§ 6646. Witness from another state summoned to testify in this State

§ 6646. Witness from another state summoned to testify in this State|If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in an action in this State is a material witness in an action pending in a court of record in this State, a Superior judge may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to ensure his or her attendance in this State. The certificate shall be presented to a judge of a court of record of the state in which the witness is found. (Amended 1965, No. 194, § 10, operative February 1, 1967; 2009, No. 154 (Adj. Sess.), § 111.)