'Rights during trial - unsworn oral or written statement in defence' in document 'Marshall Islands - Rules of Criminal Procedure'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 11. Pleas

(b) Considering and Accepting a Guilty or Nolo Contendere Plea.

(1) Advising and Questioning the Defendant. Before the court accepts a plea of guilty or nolo contendere, the defendant may be placed under oath, and the court must address the defendant personally in open court. During this address, the court must inform the defendant of, and determine that the defendant understands, the following :

(G) the right at trial to confront and cross-examine adverse witnesses, to remain silent and be protected from compelled self-incrimination, to object to illegally obtained evidence, such as the fruits of an illegal search or seizure or an illegally obtained confession, to testify and present evidence, and to compel the attendance of witnesses ;

TITLE VI. TRIAL

Rule 29.1. Trial Procedure.

The following is the usual trial procedure, which may be modified by the court to fit the circumstances of a particular case.

(a) Opening Statements. Prior to the presentation of evidence, the prosecution may make an opening statement. The defendant make may an opening statement after that given by the prosecution, unless the defendant elects to make an opening statement after the conclusion of the prosecution's case and before presenting evidence. The opening statement may not be used to argue law, but may identify what the prosecution or the defendant expects the evidence to be or how that evidence will prove the case. Counsel must refrain from making remarks that cannot be proven, but may state fully the matters counsel expects to prove by admissible evidence. Although counsel may argue as forcefully and ably as counsel's abilities permit, counsel may not inflame the passions of the jury or appeal to jury prejudice.

TITLE VI. TRIAL

Rule 29.1. Trial Procedure.

(i) The Defense.

(1) After the consideration of the prosecution's evidence and any action taken thereon as provided in paragraph (h) above, the court will call upon the defendant or defendant's counsel to present defendant's defense in respect to the charges against the defendant.

(2) The defendant may make an opening statement, if the defendant has not done so earlier. The defendant may also call and examine any witnesses for the defense in the same manner as is provided for the prosecution above. These witnesses are subject to cross-examination by the prosecution in the same manner as is provided for the defense above.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(h) To make an unsworn oral or written statement in his or her defence