Title 16, Criminal Proceedings
0 chapters · 433 sections in this title.
Colo. Rev. Stat. § 16-10-101 Jury trials - statement of policy
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The right of a person who is accused of an offense other than a noncriminal traffic infraction or offense, civil infraction, or offense other than a municipal charter, municipal ordinance, or county ordinance violation as provided in section 16-10-109 (1), to have a trial by jury…
Colo. Rev. Stat. § 16-10-102 When jury panel exhausted
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In all criminal cases where the panel of jurors is exhausted by challenge or otherwise, and whether any juror has been selected and sworn or not, the court may order the issuance of a venire for any number of jurors not exceeding twenty-four, returnable forthwith, out of which pe…
Colo. Rev. Stat. § 16-10-103 Challenge of jurors for cause
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(1) The court shall sustain a challenge for cause on one or more of the following grounds: (a) Absence of any qualification prescribed by statute to render a person competent as a juror; (b) Relationship within the third degree, by blood, adoption, or marriage, to a defendant or …
Colo. Rev. Stat. § 16-10-104 Peremptory challenges
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(1) (a) In capital cases and in cases in which the defendant is charged with murder in the first degree, the state and the defendant, when there is one defendant, are each entitled to ten peremptory challenges. In all other cases where there is one defendant and the punishment ma…
Colo. Rev. Stat. § 16-10-105 Alternate jurors
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The court may direct that a sufficient number of jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. 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,…
Colo. Rev. Stat. § 16-10-106 Incapacity of juror
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Where a jury of twelve has been sworn to try the case, and any juror by reason of illness or other cause becomes unable to continue until a verdict is reached, the court may excuse such juror. If no alternate juror is available to replace the juror, the parties at any time before…
Colo. Rev. Stat. § 16-10-107 Challenge to entire jury panel
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A challenge to the panel is an objection to the entire panel of prospective trial jurors made by the defendant or by the prosecuting attorney. No challenge to the panel shall be made, except as provided by section 13-71-139, C.R.S. Source: L. 72: R&RE, p. 238, � 1. C.R.S. 1963: �…
Colo. Rev. Stat. § 16-10-108 Verdict
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The verdict of the jury shall be unanimous. The jury shall return its verdict in open court, but a sealed verdict may be received as provided by rule of the supreme court of Colorado. Source: L. 72: R&RE, p. 238, � 1. C.R.S. 1963: � 39-10-108.
Colo. Rev. Stat. § 16-10-109 Trial by jury for petty offenses
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(1) For the purposes of this section, petty offense means any crime or offense classified as a petty offense or, if not so classified, which is punishable by imprisonment other than in a correctional facility for not more than six months, or by a fine of not more than five hundre…
Colo. Rev. Stat. § 16-10-110 Jury instructions - cases involving the possibility of the death penalty
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At the trial of any felony in which the prosecution is not seeking the death penalty, upon the request of the prosecution or the defendant, the court shall instruct the jury during voir dire that the prosecution is not seeking the death penalty.
Colo. Rev. Stat. § 16-10-201 Inconsistent statement of witness - competency of evidence
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(1) Where a witness in a criminal trial has made a previous statement inconsistent with his testimony at the trial, the previous inconsistent statement may be shown by any otherwise competent evidence and is admissible not only for the purpose of impeaching the testimony of the w…
Colo. Rev. Stat. § 16-10-202 Variance - allegations and proof
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When on the trial of any indictment, information, felony complaint, or complaint for any offense there appears to be any variance between the statements in the indictment, complaint, or information and the evidence offered in proof thereof, of any given name or surname, or both g…
Colo. Rev. Stat. § 16-10-301 Evidence of similar transactions - legislative declaration
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(1) The general assembly hereby finds and declares that sexual offenses are a matter of grave statewide concern. These frequently occurring offenses are aggressive and assaultive violations of the well-being, privacy, and security of the victims, are severely contrary to common n…
Colo. Rev. Stat. § 16-10-401 Trials - authority to exclude victim’s advocate from sequestration orders
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Notwithstanding any sequestration order entered by the court that excludes members of the general public from a jury trial or a trial before the court, the court may allow a victim’s advocate to remain in the courtroom during such trial. For the purposes of this section, “victim’…
Colo. Rev. Stat. § 16-10-402 Use of closed-circuit television - child or witness with intellectual and developmental disabilities
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(1) (a) When a witness at the time of a trial is a child less than twelve years of age, or is a person who has an intellectual and developmental disability as defined in section 25.5-10-202, C.R.S., the court may, upon motion of a party or upon its own motion, order that the witn…
Colo. Rev. Stat. § 16-10-403 Option to close court
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The court may, if it determines that the best interest of a child in a closed proceeding overrides the public interest in an open criminal proceeding and the defendant's right to a public trial, close the court to the public when images of sexually exploitative materials or foren…
Colo. Rev. Stat. § 16-10-404 Use of a court facility dog - definitions
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(1) As used in this section, unless the context otherwise requires: (a) Court facility dog means a dog that is a graduate of an assistance dog organization that is accredited by an internationally recognized organization whose main purpose is to grant accreditation to assistance …