In all prosecutions for rape and assault with intent to ravish, the court may, in its discretion, exclude from the courtroom all persons, except such as may be necessary in the conduct of the trial; and, in all other cases where the evidence is vulgar, obscene or relates to the improper acts of the sexes and tends to debauch the morals of the young, the presiding judge shall have the right, by and with the consent and agreement of the defendant, in his discretion and on his own motion, or on the motion of the plaintiffs or defendants or their attorneys, to hear and try the said case after clearing the courtroom of all or any portion of the audience whose presence is not necessary.
(Code 1907, §4019; Code 1923, §7733; Code 1940, T. 15, §320.)
Notes of Decisions
Gannett Co. v. DePasquale, 443 U.S. 368 (1979).
· cites it 2× “278, § 16A (West 1972) (general public can be excluded from all trials of designated crimes); Minn. Stat. § 631.”
Ex Parte Judd, 694 So. 2d 1294 (Ala. 1997).
· cites it 15× “328 (the new Judicial Article), which replaced Article VI, §§ 139-172 (the former Judicial Article), the legislature had enacted what is now Ala.Code 1975, § 12-21-202, which provides in its first clause: "In all prosecutions for rape and assault with intent to ravish, the court…”
State v. Sinclair, 274 S.E.2d 411 (S.C. 1981).
· cites it 2× “, Ala. Code § 12-21-202 (1975) (public can be excluded in rape cases); Ga.”
Demouey v. State, 202 So. 3d 355 (Ala. Crim. App. 2015).
· cites it 2× “This Court’s holding was based in part on this Court’s reliance on § 12-21-202, which provides: “In all prosecutions for rape and assault with intent to ravish, the court may, in its discretion, exclude from the courtroom all persons, except such as may be necessary in the…”
P.M.M. v. State, 762 So. 2d 384 (Ala. Crim. App. 1999).
· cites it 2× “We hold, therefore, that a trial court has discretion under the provisions of § 12-21-202, in the proper circumstances, .”
Hall v. State, 221 So. 3d 504 (Ala. Crim. App. 2016).
“We hold, therefore, that a trial court has discretion under the provisions of § 12-21-202, [Ala. Code 1975,] in the proper circumstances, .”
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