What is a pretrial motion quizlet?
This motion delays the trial. Often the defense or prosecution needs more time to prepare the case or to interview newly discovered witnesses. Motion for discovery.
What are the four pre-trial motions?
They are a motion to suppress, which attempts to throw out certain evidence; a motion to dismiss, to have one or all of your charges completely dismissed; and a motion in limine, which attempt to have the court order or regulate how or what evidence is to be introduced at trial.
How many times can a trial end in a hung jury?
In California, Penal Code Section 1385 gives judges more discretion to dismiss a case after there are two mistrials involving hung juries. If you or a loved one has faced a jury trial and there has been no unanimous verdict reached, your lawyer should be making this motion to have the case dismissed.
Why do attorneys dismiss jurors?
If either lawyer believes there is information that suggests a juror is prejudiced about the case, he or she can ask the judge to dismiss that juror for cause. In effect, they allow a lawyer to dismiss a juror because of a belief that the juror will not serve the best interests of the client.
Why would a jury be discharged?
For example: the failure of the jury to agree upon a verdict; the failure of magistrates to agree upon a verdict. an irregularity in the former proceedings that resulted in the jury being discharged; and.
What happens after a jury is discharged?
If an individual juror is discharged, the judge may allow the trial to continue with the remaining jurors, unless doing so would ‘give rise to the risk of a substantial miscarriage of justice’ – in which case the judge is bound to discharge the jury as a whole.
Can a jury continue with 11?
11 jurors – the majority verdict can only be 10-1. 9 jurors – no majority verdict is permitted (so a majority direction could not be given to a jury of 9, or the jury would be instructed that a majority verdict would no longer be permitted once their number reduced to 9).
What does dismissing a jury mean?
The verdict If the jury unanimously finds the defendant “not guilty” on all charges, the case is dismissed, and the defendant goes free.
What are the two types of jury challenges?
After questioning prospective jurors, each side’s attorney may challenge certain jurors using two types of challenges: “for cause” and “peremptory.” By challenging a juror, the attorney is asking the judge to excuse that juror from the panel.
How do lawyers choose jurors?
Lawyers and judges select juries by a process known as “voir dire,” which is Latin for “to speak the truth.” In voir dire, the judge and attorneys for both sides ask potential jurors questions to determine if they are competent and suitable to serve in the case.
Can jurors be biased?
When the jury member brings outside evidence that they may have found themselves into the trial which has not been allowed by the judges or lawyers and is used to create bias on the part of the juror. This new information may be used to influence their final decision.