Trial Motions

Criminal Procedure: Trial Trial Motions

Introduction to Trial Motions

When all of the prosecution’s evidence has been presented and the prosecution rests its case, the defense often asks the trial judge to direct the jury to return a verdict of acquittal (not guilty). The defense’s motion for a directed verdict is based on the premise that the prosecution’s evidence, even when viewed in the light most favorable to the prosecution, fails to prove that the defendant committed the crime charged. If the motion is granted, the defendant is acquitted. If it is denied, the defendant may then present evidence in opposition to the prosecution’s evidence. After the defense rests-that is, finishes presenting its evidence-the defendant may renew the motion for a directed verdict. If the judge again denies the motion, the case goes to the jury after the judge provides instructions concerning the applicable law.” (1)

Resources

Notes and References

• Information about Trial Motions in the Encarta Online Encyclopedia

Guide to Trial Motions

In this Section

Pretrial Events (including Investigation and Arrest, Pretrial Events Booking, First Judicial Appearance, Bail, Preliminary Hearing, Arraignment on the Indictment and Preparation for Trial), Trial,

Jury, Trial Evidence, Trial Motions, Burden of Proof, Hung Jury, Motions After Trial, Sentencing (including Sentencing Probation and Parole), Appeals and Habeas Corpus.