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.