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Criminal Trial Process in California Explained

As the jury selection process begins tomorrow in the People of California vs. Conrad Murray, here's some useful background information on the criminal trial process in California.

Law and Discovery

‘Law and Discovery’ refers to proceedings prior to and/or in preparation for trial,
wherein questions of law are resolved and disclosure of facts and evidence are
made. These matters are commonly referred to as law and motion and discovery proceedings.

A motion is an oral or written request that a party makes to the court for a ruling or an order on a particular point. There are many types of motions, for example: a “motion to reduce bail” asks the court to lower the amount of bail needed to release the defendant from custody. A “motion to set” asks the judge to set a date for a future trial”. A “motion to quash” asks the court to make something void or ineffective, such as to quash a subpoena.

Ex Parte Proceedings

The words “ex parte” mean “from one side only” in Latin. Ex parte motions are matters that have not been previously scheduled to be heard by the Court. The party bringing the ‘ex parte’ motion is required to give 24 hours notice to the other side that the motion is being brought before the court, except under unusual circumstances.

Conferences

It is not unusual for the attorneys for both sides in a case to meet with the judge informally to discuss scheduling or other procedural matters. These meetings may take place in the judge’s chambers and no record will be made of the meetings. The judge does not make any rulings or orders regarding the case at these informal meetings.

A ‘pre-trial conference’ is a meeting of the judge and lawyers to plan a trial, discuss which matters should be presented to the jury, review proposed evidence and witnesses, and set a trial schedule. Typically, the judge and the lawyers may discuss the possibility of settling the case.

Jury Trial

In a criminal trial, whether the defendant is guilty of the crime charged is a question of fact which, in a jury trial, must be decided by a jury. Questions of law, on the other hand, must be decided by a judge. For example, whether there is sufficient evidence in a case to convict any defendant of possession of narcotics is a question of law. It is the judge's responsibility to decide which are questions of law and which are questions of fact.

Jury Selection (Voir Dire)

In a jury trial, the selection of the jury is made from a panel of prospective jurors. They are questioned by the judge and the attorneys, during a phase of trial called voir dire to determine their qualifications to act as trial jurors. Voir dire is a legal term meaning "to speak the truth" and refers to this questioning process.

The voir dire process takes place before opening statements. In a criminal case, the judge begins the questioning of the prospective jurors. When the judge has completed the initial examination, the attorneys for each side have the right to question the prospective jurors.

In criminal cases, the identification of the prospective and sworn jurors is kept confidential during the course of the trial. The law mandates the sealing of all sworn juror (including alternate jurors) identifying information after a verdict is returned in a criminal jury proceeding. The identifying information includes juror names, addresses, and telephone numbers.

Challenges to Jurors

A challenge is an objection made regarding the prospective jurors which results in their dismissal from the panel. An individual juror may be excused after either a Challenge for Cause, a Peremptory Challenge, or by Stipulation of counsel.

a. Challenge for Cause

The challenging party must state a cause or reason Why the prospective juror
should be excluded from the jury panel. The challenge is usually made out of
the presence of the jury. Examples include actual or implied bias on the part of the prospective juror or the disqualification of a juror based on his or her inability to perform the required duties. The number of allowable challenges for cause is unlimited. The challenge is then either permitted or denied by the court.

b. Peremptory Challenge (CCP Section 231)

This type of challenge is exercised to exclude a prospective juror from the
jury panel. No reason need be given by the challenging party. Assuming the
peremptory challenge isn't being used to exclude a specific group of people (e.g., based on race or gender), it is granted automatically. If the challenge is being used to exclude a specific group, this may lead to a declaration of mistrial. If the maximum sentence for a felony offense charged is the death penalty or life with or without parole, the defendant and the prosecution may each exercise 20 challenges.

c. Juror Excused by Stipulation

This occurs when the court approves and both parties agree to excuse a
juror. The number of allowable stipulations to excuse jurors is unlimited.

Written Juror Questionnaires

Sometimes written questionnaires are given to jurors prior to voir dire to assist in
jury selection. These questionnaires can simplify the process of determining
hardship and individual juror bias regarding the issues being tried. Questionnaires are usually prepared by counsel for a specific case.

Preliminary Jury Instructions and Admonishment of Jury

The judge may give preliminary instructions to the jury after voir dire is completed.
The judge may inform the jurors of the different stages of the trial proceedings, and explain the language that will be used at trial.

Opening Statements

Opening statements explain to the jury what the party intends to prove in the trial.

Presentation of Evidence

In a criminal trial, the Prosecution must present their case first. The defendant will have an opportunity to present evidence after the prosecution ‘rests’ (concludes their case). The following will occur during the presentation of the case by either side:

* Trial motions and objections

* Witnesses called to testify

* Exhibits marked or admitted

Exhibits Marked and Admitted

When exhibits are identified and described on the record, they will be
assigned a number or letter. (Prosecution exhibits are usually marked by
number, and defendant’s exhibits are usually marked by letter.)

Closing Argument

Closing arguments summarize each party's evidence as it proves its case or disproves the other party's case. During closing argument, the parties try to persuade the jury to vote in their favor. In a criminal trial, the People speak first, then the defendant, and then the prosecution will have another opportunity to argue.

Verdicts

A verdict is the decision by the jury. One Guilty and one Not Guilty verdict form for each felony count are prepared.

Penalty Verdict – Capital Case - Separate Verdict Required

If a defendant is found guilty of first-degree murder and one or more special
circumstances are found to be true, the jury must decide if the punishment will be
the penalty of DEATH or confinement in state prison for a term of LIFE
WITHOUT POSSIBILITY OF PAROLE as to each count.

Jury Instructions

After closing arguments, the court must instruct the jury in the law which applies to the case. The jury instructions are printed documents discussed by the judge and attorneys beforehand. The judge reads the instructions to the jury and the jury has the instructions with them during their deliberations.

Jury Deliberations

Jury deliberation is the period during which the jury considers whether the defendant is guilty or not guilty. This occurs after closing arguments and jury instructions. The jury deliberations are confidential and only the sworn jury panel is present during deliberations. When deliberations begin, the jury will select a foreperson. The foreperson records the decision on a verdict form at the conclusion of deliberations. During deliberations, the jury may have questions that may be answered by the judge, in consultation with the attorneys, or they may request that portions of the testimony be read back to them.

Jury Verdict

The jury foreperson will notify court staff when the jury has reached a verdict. All parties will assemble in the courtroom and the judge will review the verdicts and then hand them to the Judicial Assistant to be read. Criminal juries must return a unanimous verdict as to all issues before them.

Polling the Jury

At either counsel's request, the judge may instruct the Judicial Assistant to "poll"
the jury. Polling the jury means that each individual juror is asked whether he or
she agrees with the verdict.

Source: Los Angeles Superior Court
positivelymichael

Mag das jemand übersetzten.
Benutzt man den Prompt Übersetzer, wenn man sich die Mühe macht, versteht man vieles.

Spectators Kicked out of Conrad Murray Trial
September 22, 2011 12:25 PM EDT

On Wednesday, jury selection for the Conrad Murray trial continued. Dr. Murray is accused of having a role in Michael Jackson's death in 2009 from a drug overdose. Devout Jackson fans have packed the courthouse to get a glimpse of Dr. Murray during court proceedings.

Although the Conrad Murray trial is yet to officially begin, there has already been some bizarre behavior coming out of the courtroom. This is not surprising taking into consideration all the strange occurrences that took place at Michael's own court cases. The day Mr. Jackson appeared in court wearing pajamas during his child molestation trial comes to mind.

According to a correspondent for TruTV, Jean Casarez, Wednesday's trial proceedings took place privately in chambers. Dr. Murray stayed in the courtroom sitting at the defendants chair. At one point, he got up to sit with his two bodyguards in the back of the court. As he walked over, he locked eyes with one of Jackson's fans sitting in the back row. The correspondent noticed the female fan give Dr. Murray "a strong, strong look." The bailiff went over to the back row and told the woman not to do that again. The woman loudly remarked, "If he stares at us, we're gonna stare right back." The spectator who did the staring and another woman she was with were then asked to leave the courthouse.

The correspondent said she did not see Dr. Murray stare at either of the women and it looked like he only glanced in their direction. The female fans in question have been frequent spectators at the Conrad Murray trial proceedings. One of the them allegedly chased after the doctor in the past and screamed at him outside.

It looks as though Jackson's fans are hoping the outcome of the Dr. Murray trial will be a guilty verdict. Until then, the bad blood between the fans and the doctor will continue to simmer.

http://news.gather.com/viewArticle.a...81474980369769

....obwohl man nicht weiß, wer auf wen starrte,es scheint Murray blickte nur auf die Fans.Die auf ihn starrten, mussten das Gerichtsgebäude verlassen.