Proof Via Evidence
• 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)
• Pro Per Motion (Farretta Motion)
• Motion to relieve appointed counsel (Marsden Motion)
• 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
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
• 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).
• Provide reasonably “effective assistance of counsel”.
• Perform independent investigation.
• Prepare witnesses to testify.
• Not knowingly participate in a false defense (Nix v. Whiteside)