Title 16, Practice, Procedure, And Courts

When a jury of twelve (12) qualified jurors shall have been duly impaneled, they shall be sworn substantially as follows: “You, and each of you, do solemnly swear, that you will well and truly try the case of the State of Arkansas against A. B., and a true verdict render, unless …

(a) The prosecuting attorney may then:(1) Read the indictment to the jury;(2) State the defendant's plea to the indictment and the punishment prescribed by law for the offense; and(3) Make a brief statement of the evidence on which the state relies. (1) Read the indictment to the…

(a) The state shall first offer the evidence in support of an indictment or information. (b) The defendant or his or her counsel shall then offer the defendant's evidence in support of his or her defense. (c) The parties may then respectively offer rebutting evidence only, unless…

(a) In trials for treason, no evidence shall be given of an overt act that is not expressly laid in the indictment, and no conviction shall be had unless one (1) or more overt acts are alleged therein. (b) In trials of indictments for conspiracy, in cases where an overt act is re…

(a) In all cases where, by law, two (2) witnesses, or one (1) witness with corroborating circumstances are requisite to warrant a conviction, the court shall instruct the jury to render a verdict of acquittal if the requisition is not fulfilled, by which instruction they are boun…

Upon motion of either party, the court by its order and process may compel the production of any written document or any other thing which may be necessary or proper to be produced or exhibited as evidence on trial and may punish a disobedience of its orders or process as in case…

(a) In any criminal prosecution brought by the State of Arkansas, no statement or report in the possession of the state which was made by a state witness or prospective state witness, other than the defendant, to an agent of the state shall be subject to subpoena, discovery, or i…

(a) Upon motion of a defendant, the court may order the prosecuting attorney to permit the defendant to inspect and copy or photograph any relevant:(1) Written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody, or contr…

In no trial of any misdemeanor in circuit court shall the fees of more than five (5) witnesses be taxed against any county or the state unless their materiality and importance are first affirmed and certified to, under oath, by the attorney at whose instance the additional witnes…

(a) (1) In the discretion of the court, the jurors may be permitted to separate or be kept together in the charge of proper officers before the case is submitted to them. The officers must be sworn to keep the jury together during the adjournment of the court and to suffer no per…

(a) If, during the trial, it shall appear that the offense was committed out of the jurisdiction of the court, but within the jurisdiction of some other court of this state, the court shall stop the trial, discharge the jury, and take the proceedings in the case as directed in § …

(a) If, during the trial, the court shall be of the opinion that the facts proved constitute an offense of a higher nature than that charged in the indictment, it may direct the jury to be discharged and all proceedings to be suspended until the case can be resubmitted to a grand…

If, during the trial, the court is of the opinion that the facts charged in the indictment do not constitute an offense punishable by law, it shall order the jury to be discharged and the indictment to be quashed, and thereupon take the proceedings directed in § 16-89-113(b).

The prosecuting attorney, with the permission of the court, may at any time before the case is finally submitted to the jury dismiss the indictment as to all or a part of the defendants and the dismissal shall not bar a future prosecution for the same offense.

(a) If the case is not submitted without argument, the party having the burden of proof shall have the opening and conclusion of the argument. If, upon the demand of the adverse party, the attorney prosecuting for the state or the attorney for the defense shall refuse to openly a…

(a) Upon the trial of criminal or penal prosecutions, either party may except to any decision of the court by which the substantial rights of the party are prejudiced, subject to the restrictions in subsection (b) of this section. (b) The decisions of the court upon challenges to…

(a) While the jury is absent, the court may adjourn from time to time as to other business, but it shall be deemed open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged. (b) When the evidence is concluded, the cou…

(a) When the jury has agreed upon their verdict, they must be conducted into court by the officer having them in charge, their names called by the clerk, and, if they all appear, their foreman must declare their verdict. (b) The jury may render either a general or a special verdi…

When an offense is charged in an indictment to have been committed with peculiar circumstances as to time, place, person, property, value, motive, or intention, the offense, without the circumstances, or with part only, is included in the offense, although that charge may be a fe…

Upon a verdict's being rendered, the jury may be polled at the instance of either party, which consists of the clerk or judge asking each juror if it is his or her verdict. If one (1) answers in the negative, the verdict cannot be received.

A final adjournment of the court discharges a jury.

(a) A new trial is the reexamination of an issue of fact in the same court by another jury after a verdict has been given. (b) The application for a new trial must be made at the same term at which the verdict is rendered, unless the judgment is postponed to another term, in whic…

(1) As used in this subchapter:(1) “Board” means the Crime Victims Reparations Board created by § 16-90-705;(2) “Crime stoppers organization” means a private, nonprofit organization that is operated on a local or statewide level, that accepts and expends donations for rewards to …

(a) The Crime Victims Reparations Board shall:(1) Advise and assist in the creation of local crime stoppers programs;(2) Foster the detection of crime and encourage persons to report information about criminal acts;(3) Encourage news and other media to promote local crime stopper…

(a) (1) The Crime Victims Reparations Board shall, at the request of a judge, determine whether a local crime stoppers program is qualified to receive repayments of rewards.(2) The board shall approve a local crime stoppers program to receive those repayments if, considering the …

The Crime Victims Reparations Board records relating to reports of criminal acts are confidential.

(a) Evidence of a communication between a person submitting a report of a criminal act to the Crime Victims Reparations Board or a local crime stoppers program and the person who accepted the report on behalf of the board or local crime stoppers program is not admissible in court…

(a) A person who is a member or employee of the Crime Victims Reparations Board or who accepts the report of criminal activity on behalf of a local crime stoppers program commits an offense if the person intentionally or knowingly divulges to a person not employed by a law enforc…

(a) After a defendant has been convicted of a felony offense, the judge may order the defendant to repay all or part of a reward paid by a local crime stoppers program. (b) In determining whether the defendant must repay the reward or part of the reward, the court shall consider:…

(a) A court may not order a probationer to make any payments as a term and condition of probation, except for fines, court costs, restitution of the victim, payment to a local crime stoppers program under subsection (b) of this section, and other terms and conditions expressly au…

(a) A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered upon a verdict against him or her or on a plea of guilty. (b) The motion may be made at any time before judgment, or after judgment during the same term of the court. (c…

(a) Every judicial district shall have the authority to appoint one (1) or more presentence officers to make such reports to a circuit court as it deems desirable as to the past conduct of any defendant that appears before the circuit court. (b) (1) The appointment of presentence…

All sentences made, rendered, or pronounced by any of the courts of the state against anyone without actual or constructive notice, and all proceedings had under such sentences, shall be absolutely null and void.

Women who are convicted of or who plead guilty to the commission of felonies may be committed to the Division of Correction by any court of criminal jurisdiction.

(a) Upon the return of a verdict of guilty, if tried by a jury, or the finding of guilt if tried by the circuit court without a jury, sentence may be announced. (b) The judgment of the circuit court may be then and there entered for sentencing and the entry of the judgment may be…

(a) Judgment shall not be rendered against a defendant in case of felony, except in his or her presence. If the defendant is in custody, he or she shall be brought into court by the proper officer, and if not in custody, a bench warrant similar to the bench warrant on indictments…

(a) When a jury finds a verdict of guilty and fails to agree on the punishment to be inflicted, or does not declare the punishment in its verdict, or if it assesses a punishment not authorized by law, and in all cases of a judgment on confession, the court shall assess and declar…

(a) Whenever any person shall be convicted of a misdemeanor and the punishment for the offense is a fine, the judgment shall direct that the defendant be imprisoned until the fine and costs are paid. (b) (1) The person so convicted shall be incarcerated for a period not to exceed…

(a) If the defendant is convicted of two (2) or more offenses, the punishment of each of which is confinement, the judgment shall be so rendered that the punishment in one (1) case shall commence after the termination of it in the others. (b) When any person is convicted of more …

Where judgment of death is pronounced, the day of the execution shall be fixed in the judgment. The day of execution shall not be in less than thirty (30) days after the judgment.

(1) As used in this subchapter:(1) “Crime” means an act or omission committed by a person, whether or not competent or an adult, which is punishable by incarceration if committed by a competent adult;(2) “Human trafficking offense” means an offense under the Human Trafficking Act…

Failure to comply with this subchapter does not create a claim for damages against a government employee, official, or entity.

(a) The victim or a representative of the victim may be present whenever the defendant has a right to be present during a court proceeding concerning the crime charged, other than a grand jury proceeding, unless the court determines that exclusion of the victim or the victim's re…

(a) A court may not compel a victim or a member of the victim's family testifying in a criminal justice proceeding to disclose a residential address or place of employment on the record in open court unless the court finds that disclosure of the information is necessary. (b) A la…

(1) An employer may not discharge or discipline a victim or a representative of the victim for:(1) Participation at the prosecuting attorney's request in preparation for a criminal justice proceeding; or(2) Attendance at a criminal justice proceeding if the attendance is reasonab…

(a) Any person holding property of a victim shall take reasonable care of the property. (b) The responsible official shall promptly return the property to the victim when it is no longer needed for evidentiary purposes, unless it is contraband or subject to forfeiture.