| Chapter 4 Proof Via Evidence Pretrial Motions • Change of Venue • Declare the defendant incompetent (§1368) • Line-Up (Evans Line Up) • Set Aside the Indictment or Holding Order(§995) • Recusal Motion • Speedy Trial Motion • Suppression Motion (§1538.5) • Demurrer • Pro Per Motion (Farretta Motion) • Motion to relieve appointed counsel (Marsden Motion) Trial Motions • Motion in Limine • Preliminary Ruling (§402) Order of Evidence at Trial • Trial Motions • Jury Selection • Opening Statements • Prosecution or Plaintiffs Case in Chief • Defense Motions (Motion to Dismiss for Failure to Present Sufficient Evidence to Support a Conviction (§1118)) • Defense Opening statement if not previously made • Defense Case in Chief • Prosecution or Plaintiff’s Rebuttal • May not “save” witnesses for rebuttal • Defense Surrebuttal or Rejoinder • Argument and Instructions • Deliberations Role of the Judge • Makes legal (as opposed to factual) determinations. • Instructs the jury as to the law • Insures orderly progress of the trial • Insures fairness of the trial • Controls the method of examination of the witnesses Role of the Jury • Act as “triers of fact” • Apply the facts they determine to the law provided by the judge • Follow the law, even if you disagree • Not be influenced by pity or prejudice for defendant • Not be biased because the defendant was arrested, charged, or went to trial. • Be fair and impartial and not influenced by outside factors • Not second guess what the punishment will be. • Avoid jury misconduct Role of the Witnesses • Tell the truth • Comply with a subpoena Prosecution Responsibility • Sole responsibility for making charging decisions • Provides full and fair information to defense about evidence and witnesses. • Evaluate evidence independently and only use evidence he or she believes is credible. • Provide any exculpatory information in law enforcement possession to defense (Brady Material). Defense Responsibility • Provide reasonably “effective assistance of counsel”. • Perform independent investigation. • Prepare witnesses to testify. • Not knowingly participate in a false defense (Nix v. Whiteside) |