Motion in limine: Difference between revisions
(New page: ==Motion in limine== Counsel normally has a very good idea of the evidence the prosecution will present at trial. This knowledge is based on testimony at the preliminary hearing or before...) |
No edit summary |
||
| Line 3: | Line 3: | ||
Counsel normally has a very good idea of the evidence the prosecution will present at trial. This knowledge is based on testimony at the preliminary hearing or before the grand jury, discovery, and statements by the defendant or other defense witnesses, or from comments made by the prosecution in the course of plea negotiation or other pretrial procedures. If from such information, counsel believes that it will have to motion to exclude certain evidence, it is often more effective to make a motion in limine prior to trial rather than waiting until after the evidence has been proffered. It should be kept in mind that a judge's order instructing the jury to disregard evidence is not always persuasive.[[FN90]] As a rule, a court's denial of a motion in limine does not preclude counsel from renewing the motion prior to the prosecution's attempt to admit evidence in the course of trial. After counsel has introduced the evidence that appears objectionable to the defense, defense counsel may make a motion to strike. | Counsel normally has a very good idea of the evidence the prosecution will present at trial. This knowledge is based on testimony at the preliminary hearing or before the grand jury, discovery, and statements by the defendant or other defense witnesses, or from comments made by the prosecution in the course of plea negotiation or other pretrial procedures. If from such information, counsel believes that it will have to motion to exclude certain evidence, it is often more effective to make a motion in limine prior to trial rather than waiting until after the evidence has been proffered. It should be kept in mind that a judge's order instructing the jury to disregard evidence is not always persuasive.[[FN90]] As a rule, a court's denial of a motion in limine does not preclude counsel from renewing the motion prior to the prosecution's attempt to admit evidence in the course of trial. After counsel has introduced the evidence that appears objectionable to the defense, defense counsel may make a motion to strike. | ||
Three examples of the kinds of evidence that might counsel may seek to be excluded, in the context of computer crime, are | '''Three examples of the kinds of evidence that might counsel may seek to be excluded, in the context of computer crime, are ''' | ||
#evidence of other crimes that may illustrate the criminal method used by the defendant, | |||
#evidence of uncharged but allegedly criminal conduct by the defendant, a relatively rare occurrence, and | |||
#evidence derived from inadequately documented or secured computers. | |||
Latest revision as of 19:43, 22 February 2009
Motion in limine
Counsel normally has a very good idea of the evidence the prosecution will present at trial. This knowledge is based on testimony at the preliminary hearing or before the grand jury, discovery, and statements by the defendant or other defense witnesses, or from comments made by the prosecution in the course of plea negotiation or other pretrial procedures. If from such information, counsel believes that it will have to motion to exclude certain evidence, it is often more effective to make a motion in limine prior to trial rather than waiting until after the evidence has been proffered. It should be kept in mind that a judge's order instructing the jury to disregard evidence is not always persuasive.FN90 As a rule, a court's denial of a motion in limine does not preclude counsel from renewing the motion prior to the prosecution's attempt to admit evidence in the course of trial. After counsel has introduced the evidence that appears objectionable to the defense, defense counsel may make a motion to strike.
Three examples of the kinds of evidence that might counsel may seek to be excluded, in the context of computer crime, are
- evidence of other crimes that may illustrate the criminal method used by the defendant,
- evidence of uncharged but allegedly criminal conduct by the defendant, a relatively rare occurrence, and
- evidence derived from inadequately documented or secured computers.