Motions play a very important role in the criminal court proceedings. Explain what a motion is and discuss the different kinds of motions outlined in the textbook
What will be an ideal response?
Motions are formal requests submitted to the court that ask for a specific judgment or order be made. They are generally filed through written petitions and are typically decided by a hearing before the judge in which opposing counsel may argue against. Motions may be filed throughout the trial, but motions to exclude or suppress are heard before opening statements. Motions in limine requests made at the beginning of a trial for certain pieces of evidence to be ruled inadmissible. Motions in limine are always discussed outside the presence of the jury.
Daubert motions are special types of motions in limine which request the preclusion or exclusion of the testimony of an expert witness who lacks the requisite qualifications or who employs questionable methods to reach his/ her conclusions. Motions to strike are not prophylactic in nature and are made after the evidence has been heard in open court and are often necessary in cases involving overeager witnesses.
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In most states potential jurors need to be:
A) Of a certain age. B) U.S. citizens. C) Free of felony convictions. D) Able to speak and understand the English. E) All of the above
Compare and contrast social structure theory, social process theory, and social conflict theory. Is there a situation in which all three theories could apply?
What will be an ideal response?
There are some exceptions, but most jurisdictions limit accomplice liability to the most serious offenses
a. True b. False
The fact that alcohol consumption is illegal in Saudi Arabia supports the concept that ______.
a. crime is the same throughout most Middle Eastern countries b. definitions of crime vary across countries c. different countries have different responses to crime d. various countries have the same risk factors for crime