Delaware Code Title 11 Sec. 9424 – Additional rights and services
(a) A victim or witness with a cognitive disability is entitled to an explanation, in language the victim or witness understands, of all legal proceedings in which the victim or witness is to be involved.
Terms Used In Delaware Code Title 11 Sec. 9424
- Cognitive disability: means a developmental disability that substantially impairs an individual's cognitive abilities including, but not limited to, delirium, dementia and other organic brain disorders for which there is an identifiable pathologic condition, as well as nonorganic brain disorders commonly called functional disorders. See Delaware Code Title 11 Sec. 9422
- Court: means the Superior Court, Family Court, Court of Common Pleas and the Justice of the Peace Court. See Delaware Code Title 11 Sec. 9401
- Crime: means an act or omission committed by a person, whether or not competent or an adult, which, if committed by a competent adult, is punishable by incarceration and which violates 1 or more of the following sections of this title:
OFFENSES AGAINST THE PERSON
601. See Delaware Code Title 11 Sec. 9401
- Person: means an individual, corporation, statutory trust, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Delaware Code Title 11 Sec. 9401
- Victim: includes a parent, guardian or custodian of a victim who is unable to meaningfully understand or participate in the legal process due to physical, psychological or mental impairment. See Delaware Code Title 11 Sec. 9401
- Witness: means any person other than a law-enforcement officer or probation officer who has knowledge of the existence or nonexistence of any fact related to any crime, or any person who has reported any crime to any law-enforcement officer or probation officer, or any person other than a law-enforcement officer or probation officer who has been designated for service with a subpoena issued by any court or by the Attorney General, or any person other than a law-enforcement officer or probation officer who would be believed by any reasonable person to be an individual described by this paragraph. See Delaware Code Title 11 Sec. 9401
(b) A victim or witness with a cognitive disability is entitled to be accompanied, in all proceedings, by a “friend” or other person in whom the victim or witness trusts, which person shall be permitted to advise the judge, when appropriate and as a friend of the court, regarding the person with a cognitive disability and that person’s ability to understand proceedings and questions.
(c) A victim or witness with a cognitive disability is entitled to information about, and referrals to, appropriate social services and programs to assist the victim or witness, and the victim’s or witness’s family, in coping with the emotional impact of the crime, and the subsequent court proceedings in which the victim or witness is to become involved.
74 Del. Laws, c. 44, § ?1; 70 Del. Laws, c. 186, § ?1; 79 Del. Laws, c. 371, § ?10;