Crimes and Criminal Procedure

Procedure in Particular Courts


Subchapter I. General Provisions

The Superior Court may issue writs or precepts, under the seal of the Court, to any sheriff, or other officer, of any county in the State, to take any person indicted.

Code 1852, § 1931; Code 1915, § 3800; Code 1935, § 4312; 11 Del. C. 1953, § 5101.;

The Superior Court, in the exercise of its criminal jurisdiction, may issue subpoenas and other warrants into any county in the State, for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the Rules of the Court.

Code 1852, § 1931; Code 1915, § 3800; Code 1935, § 4312; 11 Del. C. 1953, § 5102.;

(a) The Superior Court shall assign counsel to any person on trial for murder, manslaughter or any offense punishable by death, or the offense of being an accomplice or accessory to any such crime, if such person is unable to obtain counsel.

(b) The Court may assign counsel to any person in any criminal prosecution as provided by the Rules of Criminal Procedure for the Superior Court.

Code 1852, §§ 1925, 1926, 1929; 11 Del. Laws, c. 225, § 1; Code 1915, §§ 3793, 3794, 3798; Code 1935, §§ 4305, 4306, 4310; 11 Del. C. 1953, § 5103.;

In a criminal case tried without a jury, the Superior Court shall consist of either 1, 2 or 3 Judges, as the Court shall determine; but if more than 1 Judge shall try such case, the concurrence of all the Judges sitting shall be required for a verdict.

Code 1915, § 4847C; 35 Del. Laws, c. 233; Code 1935, § 5310; 11 Del. C. 1953, § 5104.;

Any public officer or employee, in any criminal action against such officer or employee arising from the officer's or employee's state employment, shall be entitled to petition the Court for a Court-appointed attorney to represent the officer's or employee's interests in the matter. If the Judge, after consideration of the petition, examination of the petitioner and receipt of such further evidence as the Judge may require, determines that the petition has merit, the Judge shall appoint an attorney to represent the interests of such public officer or employee. The Court-appointed attorney shall continue such representation until the final determination of the matter, even if the case is transferred to another court, unless such attorney is earlier released by such person or by the Court. This section shall also apply to all federal courts within this State.

60 Del. Laws, c. 474, § 2; 60 Del. Laws, c. 676, § 2; 70 Del. Laws, c. 186, § 1.;

(a) In every criminal case in the Superior Court involving a felony wherein the Department of Justice agrees to accept a plea of guilty to less than the original most serious charge indicted by the county grand jury or originally filed by information, the prosecuting attorney shall state on the record:

(1) That the prosecuting attorney notified and discussed the plea agreement with the victim prior to its entry; or

(2) If notification was not reasonably possible, what steps were taken to give such information to the victim.

(b) In any case where the victim is deceased, the information required by subsection (a) of this section shall be given to any known next of kin. If the victim is an organization, such information shall be given to a responsible officer. If the victim is a minor child, such information shall be given to the parent or guardian of said child.

(c) For purposes of this section, "victim'' is one who was injured or killed as the result of a criminal offense or who suffered monetary loss as a result of such an offense.

(d) No violation of this section shall be considered as a basis for setting aside a guilty plea entered by a defendant or for any other relief.

67 Del. Laws, c. 317, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 71, § 2.;