Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 3631 Order of procedure
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(1) After the jury is impaneled and sworn, the trial shall proceed in the following order:(1) the United States attorney may state the case of the prosecution, and may briefly state the evidence by which he expects to sustain it;(2) the defendant, or his counsel, may then state h…
5 V.I.C. § 3632 Keeping of jury; retirement; duties of officer in charge
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The provisions of sections 353 and 354 of this title shall apply in criminal actions as well as in civil actions.
5 V.I.C. § 3633 Discharge without verdict
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The court may discharge a jury without prejudice to the prosecution in case of accident or calamity, or because there is no probability of the jurors agreeing, and the reason for the discharge shall be entered in the minutes.
5 V.I.C. § 3634 Questions of law and fact
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(a) All questions of law, including the admissibility of testimony, the facts preliminary to such admission, and the construction of statutes and other writings, and other rules of evidence, shall be decided by the court, and all discussions of law addressed to it. Whenever the k…
5 V.I.C. § 3635 Degrees of crime
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When it appears that the defendant has committed a crime, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be convicted of the lowest of those degrees only.
5 V.I.C. § 3636 Larceny, embezzlement, or false pretenses
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When an information charges an offense against property by larceny, embezzlement, or obtaining by false pretenses, the jury, on conviction, shall ascertain and declare in the verdict the value of the property stolen, embezzled, or falsely obtained.
5 V.I.C. § 3637 Mental illness of the defendant
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(a) If the defense is the mental illness of the defendant, the jury shall be instructed, if they find him not guilty on that ground, to state that fact in their verdict, and the court shall thereupon commit the defendant to a forensic unit for custody, care and treatment from whi…
5 V.I.C. § 3638 Prisoner as witness
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When the testimony, for either the government or the defendant, of a material witness who is in custody within the Virgin Islands is desired, the court in its discretion may, upon the application of either the government or the defendant, issue an order for his temporary removal …