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18 U.S.C. § 3510 — Rights of victims to attend and observe trial
Federal law — U.S. Code and appendices · legal_authorities
**(a) Non-Capital Cases.—** Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defendant accused of that offense because such victim may, during the sentencing hearing, make a statement or present any information in relation to the sentence.
**(b) Capital Cases.—** Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defendant accused of that offense because such victim may, during the sentencing hearing, testify as to the effect of the offense on the victim and the victim’s family or as to any other factor for which notice is required under section 3593(a).
**(c) Definition.—** As used in this section, the term “victim” includes all persons defined as victims in section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990.
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Source file: Laws/federal/codes/united-states-code/title-18/section-3510-rights-of-victims-to-attend-and-observe-trial--afb71cf1f9.md
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Source location: Title 18, Chapter 223, § 3510; chapter-223-witnesses-and-evidence.md
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**(a) Non-Capital Cases.—** Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defendant accused of that offense because such victim may, during the sentencing hearing, make a statement or present any information in relation to the sentence.
**(b) Capital Cases.—** Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defendant accused of that offense because such victim may, during the sentencing hearing, testify as to the effect of the offense on the victim and the victim’s family or as to any other factor for which notice is required under section 3593(a).
**(c) Definition.—** As used in this section, the term “victim” includes all persons defined as victims in section 503(e)(2) of the Victims’ Rights and Restitution Act of 1990.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice by the Government.—** If, in a case involving an offense described in section 3591, the attorney for the government believes that the circumstances of the offense are such that a sentence of death is justified under this chapter, the attorney shall, a reasonable time before the trial or before acceptance by the court of a plea of guilty, sign and file with the court, and serve on the defendant, a notice—
(1) stating that the government believes that the circumstances of the offense are such that, if the defendant is convicted, a sentence of death is justified under this chapter and that the government will seek the sentence of death; and
(2) setting forth the aggravating factor or factors that the government, if the defendant is convicted, proposes to prove as justifying a sentence of death.
The factors for which notice is provided under this subsection may include factors concerning the effect of the offense on the victim and the victim’s family, and may include oral testimony, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim and the victim’s family, and any other relevant information. The court may permit the attorney for the government to amend the notice upon a showing of good cause.
**(b) Hearing Before a Court or Jury.—** If the attorney for the government has filed a notice as required under subsection (a) and the defendant is found guilty of or pleads guilty to an offense described in section 3591, the judge who presided at the trial or before whom the guilty plea was entered, or another judge if that judge is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. The hearing shall be conducted—
(1) before the ju
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Federal law — U.S. Code and appendices · legal_authorities
In trial of all persons charged with the commission of offenses against the United States and in all proceedings in courts martial and courts of inquiry in any State, District, Possession or Territory, the person charged shall, at his own request, be a competent witness. His failure to make such request shall not create any presumption against him.
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Federal law — U.S. Code and appendices · legal_authorities
Page 783
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3510
criminal process. When deciding whether to
grant a continuance, the court shall take into
consideration the age of the child and the poten-
tial adverse impact the delay may have on the
child’s well-being. The court shall make written
findings of fact and conclusions of law when
granting a continuance in cases involving a
child.
(k) STAY OF CIVIL ACTION.—If, at any time that
a cause of action for recovery of compensation
for damage or injury to the person of a child ex-
ists, a criminal action is pending which arises
out of the same occurrence and in which the
child is the victim, the civil action shall be
stayed until the end of all phases of the criminal
action and any mention of the civil action dur-
ing the criminal proceeding is prohibited. As
used in this subsection, a criminal action is
pending until its final adjudication in the trial
court.
(l) TESTIMONIAL AIDS.—The court may permit
a child to use anatomical dolls, puppets, draw-
ings, mannequins, or any other demonstrative
device the court deems appropriate for the pur-
pose of assisting a child in testifying.
(m) PROHIBITION
ON REPRODUCTION
OF CHILD
PORNOGRAPHY.—
(1) In any criminal proceeding, any property
or material that constitutes child pornog-
raphy (as defined by section 2256 of this title)
shall remain in the care, custody, and control
of either the Government or the court.
(2)(A) Notwithstanding Rule 16 of the Fed-
eral Rules of Criminal Procedure, a court shall
deny, in any criminal proceeding, any request
by the defendant to copy, photograph, dupli-
cate, or otherwise reproduce any property or
material that constitutes child pornography
(as defined by section 2256 of this title), so
long as the Government makes the
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