Chapter 972, CRIMINAL TRIALS
16 sections in this chapter.
Wis. Stat. § 972.01 Jury; civil rules applicable
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972.01 Jury; civil rules applicable. The summoning of jurors, the selection and qualifications of the jury, the challenge of jurors for cause and the duty of the court in charging the jury and giving instructions and discharging the jury when unable to agree shall be the same in …
Wis. Stat. § 972.02 Jury trial; waiver
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972.02 Jury trial; waiver. (1) Except as otherwise provided in this chapter, criminal cases shall be tried by a jury selected as prescribed in s. 805.08, unless the defendant waives a jury in writing or by statement in open court or under s. 967.08 (2), on the record, with the ap…
Wis. Stat. § 972.03 Peremptory challenges
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972.03 Peremptory challenges. Each side is entitled to only 4 peremptory challenges except as otherwise provided in this section. When the crime charged is punishable by life imprisonment, the state is entitled to 6 peremptory challenges and the defendant is entitled to 6 perempt…
Wis. Stat. § 972.04 Exercise of challenges
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972.04 Exercise of challenges. (1) The number of jurors selected shall be prescribed in s. 756.06 (2) (a), unless a lesser number has been stipulated and approved under s. 972.02 (2) or the court orders that additional jurors be selected. That number, plus the number of peremptor…
Wis. Stat. § 972.06 View
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972.06 View. The court may order a view by the jury.
Wis. Stat. § 972.07 Jeopardy
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972.07 Jeopardy. Jeopardy attaches: (1) In a trial to the court without a jury when a witness is sworn; (2) In a jury trial when the selection of the jury has been completed and the jury sworn. The federal rule that jeopardy attaches when the jury is sworn is an integral part of …
Wis. Stat. § 972.08 Incriminating testimony compelled; immunity
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972.08 Incriminating testimony compelled; immunity. (1) (a) Whenever any person refuses to testify or to produce books, papers or documents when required to do so before any grand jury, in a proceeding under s. 968.26 or at a preliminary examination, criminal hearing or trial for…
Wis. Stat. § 972.085 Immunity; use standard
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972.085 Immunity; use standard. Immunity from criminal or forfeiture prosecution under ss. 13.35, 17.16 (7), 77.61 (12), 93.17, 111.07 (2) (b), 128.16, 133.15, 139.20, 139.39 (5), 195.048, 196.48, 551.602 (5), 553.55 (3), 601.62 (5), 767.87 (4), 885.15, 885.24, 885.25 (2), 891.39…
Wis. Stat. § 972.09 Hostile witness in criminal cases
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972.09 Hostile witness in criminal cases. Where testimony of a witness at any preliminary examination, hearing or trial in a criminal action is inconsistent with a statement previously made by the witness, the witness may be regarded as a hostile witness and examined as an advers…
Wis. Stat. § 972.10 Order of trial
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972.10 Order of trial. (1) (a) After the selection of a jury, the court shall determine if the jurors may take notes of the proceedings: 1. If the court authorizes note-taking, the court shall instruct the jurors that they may make written notes of the proceedings, except the ope…
Wis. Stat. § 972.11 Evidence and practice; civil rules applicable
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972.11 Evidence and practice; civil rules applicable. (1) Except as provided in subs. (2) to (5), the rules of evidence and practice in civil actions shall be applicable in all criminal proceedings unless the context of a section or rule manifestly requires a different constructi…
Wis. Stat. § 972.115 Admissibility of defendant’s statement
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972.115 Admissibility of defendant’s statement. (1) In this section: (a) “Custodial interrogation” has the meaning given in s. 968.073 (1) (a). (b) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b). (c) “Law enforcement officer” has the meaning given in s. 165.8…
Wis. Stat. § 972.12 Sequestration of jurors
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972.12 Sequestration of jurors. The court may direct that the jurors sworn be kept together or be permitted to separate. The court may appoint an officer of the court to keep the jurors together and to prevent communication between the jurors and others. History: 1987 a. 73; 1991…
Wis. Stat. § 972.13 Judgment
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972.13 Judgment. (1) A judgment of conviction shall be entered upon a verdict of guilty by the jury, a finding of guilty by the court in cases where a jury is waived, or a plea of guilty or no contest. (2) Except in cases where ch. 975 is applicable, upon a judgment of conviction…
Wis. Stat. § 972.14 Statements before sentencing
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972.14 Statements before sentencing. (1) In this section: (ag) “Crime considered at sentencing” means any crime for which the defendant was convicted and any read-in crime, as defined in s. 973.20 (1g) (b). (b) “Victim” has the meaning specified in s. 950.02 (4). (2) Before prono…
Wis. Stat. § 972.15 Presentence investigation
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972.15 Presentence investigation. (1) After a conviction the court may order a presentence investigation, except that the court may order an employee of the department to conduct a presentence investigation only after a conviction for a felony. (1m) If a person is convicted for a…