CHAPTER 12: OUTLINE OF A TRIAL - Table of Contents

12.1 - Introduction • 12.2 - Pretrial Matters • 12.3 - Jury Selection • 12.4 - Opening Statement • 12.5 - Prosecution Case-in-Chief • 12.6 - Motion For Judgment of Acquittal/Directed Verdict • 12.7 - Defense Case-in-Chief • 12.8 - Rebuttal and Surrebuttal • 12.9 - Witness Examination • 12.10 - Jury Instructions • 12.11 - Closing Argument • 12.12 - Jury Deliberations • 12.13 - Motions For Mistrial • 12.14 - Miscellaneous Issues

12.14 MISCELLANEOUS ISSUES

PRESENCE OF DEFENDANT

It is well established that a criminal defendant has the right to be present in court during all phases of the trial. However, if a defendant leaves in the middle of trial, the trial can proceed without him. By voluntarily absenting himself, a defendant forfeits his right to be present. In the absence of the defendant, court personnel can be used to testify on the issue of identity.

SEQUESTRATION OF WITNESSES

If attorneys wish to ensure that witnesses will not listen to the testimony of other witnesses and, possibly, change their testimony to fit with the other testimony, they can ask that the witnesses be sequestered. The right to sequestration is set out in CRE 615. Violations of the sequestration order will not automatically result in a mistrial or a reversal. Sanctions for a violation are within the discretion of the trial court.

AUDIENCE BEHAVIOR

The right to a fair trial includes the right to a trial free from audience demonstrations that may intimidate or prejudicially affect the jury. The trial judge has authority to remove and sanction audience members who engage in this sort of behavior.

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