Maryland Code, CRIMINAL PROCEDURE 11-403
Terms Used In Maryland Code, CRIMINAL PROCEDURE 11-403
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Oath: A promise to tell the truth.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) In the sentencing or disposition hearing the court, if practicable, shall allow the victim or the victim’s representative to address the court under oath before the imposition of sentence or other disposition:
(1) at the request of the prosecuting attorney;
(2) at the request of the victim or the victim’s representative; or
(3) if the victim has filed a notification request form under § 11-104 of this title.
(c) (1) If the victim or the victim’s representative is allowed to address the court, the defendant or child respondent may cross-examine the victim or the victim’s representative.
(2) The cross-examination is limited to the factual statements made to the court.
(d) (1) A victim or the victim’s representative has the right not to address the court at the sentencing or disposition hearing.
(2) A person may not attempt to coerce a victim or the victim’s representative to address the court at the sentencing or disposition hearing.
(e) (1) If the victim or the victim’s representative fails to appear at a hearing on a motion for a revision, modification, or reduction of a sentence or disposition in circuit court or juvenile court, the prosecuting attorney shall state on the record that proceeding without the appearance of the victim or the victim’s representative is justified because:
(i) the victim or victim’s representative was contacted by the prosecuting attorney and waived the right to attend the hearing;
(ii) efforts were made to contact the victim or the victim’s representative and, to the best knowledge and belief of the prosecuting attorney, the victim or victim’s representative cannot be located; or
(iii) the victim or victim’s representative has not filed a notification request form under § 11-104 of this title.
(2) If the court is not satisfied by the statement that proceeding without the appearance of the victim or the victim’s representative is justified, or, if no statement is made, the court may postpone the hearing.
(f) A victim or victim’s representative who has been denied a right provided under this section may file an application for leave to appeal in the manner provided under § 11-103 of this title.