Procedures in a criminal trial refer to the steps or processes taken by the criminal justice system from incarceration to conviction or acquittal of the defendants. The three major procedures proffered in the case are the incarceration of the three suspects to allow for investigations and prevent further criminal activities, investigation of the charges leveled against the suspects to obtain evidence to be used by the prosecutor and the prosecution of the defendants or suspects as per the evidence garnered during the investigations to determine guilt or innocence.
The suspects, who are also part of the major participants in the case include Jones, Bert, and Walsh. Other major participants are the police who play the salient role of investigating the crimes (rape and criminal assault) that the suspects have been charged with. Bland and Mook also play the substantial role of witnesses in the case. Ultimately, the prosecutor as a significant participant in the case is mandated with prosecuting the suspects based on the evidence presented to him by the investigation conducted by the police.
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A motion for severance can only be granted or upheld by the court if it is presented before trial to enhance a just outcome regarding the defendant’s culpability or innocence of each offense. Nevertheless, severance of offenses can as well be granted by the court during the trial when there exists a manifest necessity to reach a just determination of the defendant’s innocence or guilt. On the other hand, severance of defendants is determined by the court either based on an out-of-court co-defendant statement that is inadmissible or based on the two precepts required for severance of offenses (American Bar Association, 2018). In this regard, Bert’s motion for severance came after the prosecutor had filed the charges but before the commencement of the trial process. Thus, the court should adjourn the court proceedings but issue directives to the prosecutor to obtain a statement from Mook regarding Bert’s alibi. Subsequently, the court will then decide whether to overrule or grant Bert’s motion for severance of offenses.
The prosecutor’s role is to file charges and provide evidence against the defendant. However, according to rule 3.8, it is also the ethical duty of the prosecutor to present timely disclosure to the defense regarding new evidence that negates the defendant’s guilt, or that helps in mitigating the case (Ciolino, 2018). To this end, since the new evidence is not rebuttal evidence, the prosecutor in the case study should present Bland’s statement to the defense representing Walsh as part of his ethical duty. Rebuttal evidence refers to the materials and statements presented by the prosecutor or the defense as evidence to counter the evidence presented by the opponent in a court of law.
A motion to continue refers to an application by the prosecutor or the defense in a criminal trial to determine a new hearing date in a bid to provide time for the moving party to acquire new evidence (Maine, 2018). Based on his prior motion for severance of offenses, the court should uphold Bert’s motion to continue for the defense to acquire a statement from Mook regarding Bert’s alibi when the other two criminal offenses took place. On the same accord, the continuance should also provide time for the prosecution to determine the validity and reliability of Mook’s statement which they can refute when the court reconvenes on a later date.
The American Bar Association is a credible source based on the fact that it is a reputable organization regarding the legal profession pertinent to the administration of justice. The resource is recent (2018) and the information presented is in line with the topic under discussion. It thus provides meanings and the various standards pertinent to joinder and severance. The second source is by Dane Ciolino of the Louisiana Legal Ethics another reputable organization regarding ethical responsibilities of a prosecutor. The credibility of the source is not only demonstrated by the fact that the information is current but also by the fact that the topic discussed is in tandem with the paper’s discourse regarding responsibilities of the prosecutor when faced with new evidence. This is further elaborated by the author’s discussion of rule 3.8. The third source is credible because it is a government resource that provides definitions and requirements regarding the motion to continue as discussed in the paper.
- American Bar Association. (2018). Criminal Justice Section Standards: Joinder and Severance. Retrieved from https://www.americanbar.org
- Ciolino, D.S. (2018). Rule 3.8. Special Responsibilities of a Prosecutor. Louisiana Legal Ethics. Retrieved from https://lalegalethics.org
- Maine. (2018). Rule 40. Assignment of Cases for Trial; Continuances. Retrieved from http://www.courts.maine.gov
