Legal Definitions, Trial Procedures & Rules of Evidence

Legal Definitions & Trial Procedures

County District Attorney or State’s Attorney General: Authorized to file and prosecute criminal charges.
Cases are filed in the name of the PEOPLE OF THE STATE OF CALIFORNIA against the defendant.
Defendant Rights (U.S. and California Constitutions):
- Speedy and public trial by court or jury.
- Appear in person and with counsel.
- Produce and cross-examine witnesses.
- Right against self-incrimination.

Crimes Classification

Felonies, Misdemeanors, or Infractions.

Felonies

Punishable by incarceration in State Prison for one year or longer.
Prosecuted in Superior Court via Grand Jury Indictment or District Attorney's Information.
Examples: murder, manslaughter, robbery, burglary, grand theft, forgery, arson, rape, sales of narcotics.
Penal Code Section 17(b): Many felonies can be reduced to misdemeanors with court or agreement of both parties, before or after conviction (excluding strikes).

Misdemeanors

Punishable by fine and/or imprisonment in County Jail for less than one year.
Examples: simple assault, battery, petty theft, possession of small amounts of narcotics, disturbing the peace, violations of city/county ordinances.

Infractions

Minor violations of city/county ordinances or state laws.
Penalty: fine, public service, or both.
No imprisonment, no right to jury trial or appointed counsel.
Commenced by citation.

Habeas Corpus

Allows a person unlawfully imprisoned or restrained to file a Writ of Habeas Corpus.
Orders the imprisoning official to bring the individual to court to determine the lawfulness of the detention.

Application for Writ

Filed under oath with the court.
- Specifies the person is imprisoned or restrained by an official (naming same) and stating the location of the restrainment.
- States the imprisonment or restraint is contrary to law, stating the reasons.

Writ Issuance

Issued by the court, potentially admitting the accused to liberty under bail.
Commands the accused to return for a hearing on the petition.

Return

The official served with the writ must provide: authority for imprisonment or restraint.
The return must be signed and verified.
The official must bring the individual to court at the time specified.

Proceeding on Hearing

The court hears evidence.
If no legal cause for detention, the court may discharge the accused.
Otherwise, the court must remand the individual to official custody.

Courts That Can Issue a Writ

Superior Courts, District Courts of Appeal, and the Supreme Court in California.

Bail

A defendant may be admitted to bail as a right unless the charge is punishable by death and the presumption of guilt is evident.
The court has discretion to set bail, and is required to taken into consideration the Defendant’s ability to pay. If a Defendant does not have the ability to pay cash bail, a court can and should impose alternative conditions of release, such as wearing a GPS ankle monitor, checking in regularly with a case manager, attending treatment programs, warrantless search conditions, and stay- away orders from specific people and/or places.

Admission to Bail Defined

Order of a competent court or magistrate to discharge the defendant from custody on bail.
Promise to appear at all future court dates.
Payment is typically 8-10% of the actual bail amount, paid to a bail bond company.
Defendants may be allowed to appear remotely.

Deposit in Lieu of Bail

The defendant may deposit cash on bail set by the court in the total amount set, which is refundable at the end of the case (no interest) as long as the Defendant makes all of his or her court appearances as ordered.

Own Recognizance

Release upon a promise to appear without posting bail.
Courts typically set additional release conditions.

In re Kenneth Humphrey (2021) California Supreme Court Decision

Cash bail cannot be imposed if the defendant cannot afford it.
An analysis of the defendant’s ability to afford cash bail must be conducted before setting it.
If the defendant cannot afford cash bail, the court must consider alternatives.
The purpose of bail or release conditions is primarily to ensure that a defendant attends all future court hearings, but public safety is also an important consideration.
Alternatives to cash bail provide better protection for public safety.
Courts can deny bail entirely if the defendant poses a threat to public safety.
Article I, Section 12 of the California Constitution: bail can be denied in capital cases and where there is clear and convincing evidence that the particular defendant poses a significant risk to causing physical harm to others.
A presumption still exists in favor of granting some form of bail in virtually all criminal cases.
Every California county has a uniform criminal bail schedule for felony cases (typically bail is NOT imposed for most misdemeanor cases).
Defendants who are already on probation typically are denied bail when there is a violation, which can simply be the act of be charged with a new felony or misdemeanor case.

Burden of Proof

Criminal Trials

The defendant is presumed innocent.
The prosecutor must prove guilt BEYOND A REASONABLE DOUBT.
If there is reasonable doubt, the defendant must be acquitted (NOT GUILTY).
If there is no reasonable doubt, the verdict must be GUILTY.

*Demurrer. In the event that a criminal complaint fails to follow a specific format or fails to state facts that constitute a crime, the defendant can challenge the pleading and ask that it be dismissed. (See Penal Code section 1004.)

Civil Cases

The plaintiff has the burden of proving their right to recover.
Standard: “preponderance of the evidence” (more convincing force).
Lesser burden than in criminal cases.

Unanimous Jury Required

Criminal jury trials require twelve (12) jurors (we use 6 at Boys & Girls State).
All jurors must agree for a GUILTY or NOT GUILTY verdict.
If they cannot agree, the jury is deadlocked (“hung”), a “mistrial” is declared, and a new trial is ordered.
(Civil jury trials require a ¾ majority for a valid verdict.)

Trial

Judge on the “Bench” with:
- Clerk
- Court reporter
- Bailiff (Deputy Sheriff)
- Witness Box and Jury Box
- Litigants and counsel seated at the counsel table in the “well”

Bailiff Calls Court to Order

Example: “All rise. In the presence of the flag of the United States of America and remembering the principles for which it stands, the Superior Court of the County of , California Boys & Girls State is now in session, the Honorable _, Judge, presiding. Please be seated.”

Arraignment

All criminal cases require an arraignment (formal statement of charges, advisement of rights and taking of plea).
Civil cases do not require an arraignment.

Judge informs all defendants concerning their rights.

Example: “You are advised that you have a right to represent yourself or be represented by an attorney at all stages of these proceedings. You have a right to cross-examine witnesses against you. You have a right to subpoena witnesses on your behalf. You have a right to a speedy and public trial by Court or by Jury. If you cannot afford an attorney, the Court shall appoint one in your behalf.”

Judge calls the name of the case.

Example: “People vs. Jones.”

Defendant steps forward

Judge announces that the defendant is charged with a specific crime and asks for a plea.

Example: “Mr. Jones, you are charged with a violation of City Ordinance #11, to wit, a failure to stop at the City boundary and ask permission to enter. How do you plead?”

Pleas

Guilty: Judge accepts the plea and passes sentence.
Not Guilty: Judge accepts the plea, asks the defendant whether he wants a Court or Jury Trial, and sets a time for trial accordingly. If the defendant gives up his right to a jury, the court must ask the People if they desire a jury trial. If no delay is requested, trial may be held at once in Boys & Girls State.

Order of Trial

Judge calls the case by name.

Example: “People vs. Jones.”

Jury Selection

If either the defendant or the prosecutor has asked for a jury trial, twelve (12) (six [6] at Boys & Girls State) jurors are seated in the jury box.
Clerk swears jurors for interrogation: “Do you solemnly swear (or affirm) that you will give true answers to questions testing your qualifications to act as jurors?”
Judge reads charges to the jury. Example: “Defendant is here charged with failure to stop at City boundary as required by City Ordinance #11 -to which he has pleaded not guilty.”
Judge then questions jurors on their qualifications, attitudes and experiences and elicits from them a brief biographical statement. Then, each attorney is permitted to ask questions of these prospective jurors. This is called voir dire examination of the jurors.

Voir Dire Examples

“Do any of you hold anything against this defendant simply because he has been charged with this crime and asked to stand trial here? You all realize that none of this is evidence against him and that he must be proven guilty solely from testimony produced here in court beyond a reasonable doubt.”
“Can any of you think of any reason why you cannot decide this case fairly and impartially?”
Judge then gives defendant or his (or her) attorney an opportunity to ask similar questions. NOTE: In a civil case, plaintiff starts the questioning rather than the defendant. Example: “Is there anyone here who would give more or less weight to the testimony of a Police Officer than to any other witness?”
Prosecutor is then given an opportunity to ask similar questions. Example: Only the Police Officer and the defendant witnessed this act. You all understand that just because there is only one witness on each side, that this does not alone raise a reasonable doubt; in other words, it is not the relative number of witnesses, but the convincing force of the evidence that counts. Do you all understand that?”

*NOTE: If answers are unsatisfactory to any question by Court or Counsel, the Judge may excuse a juror for cause.

Challenges

Prosecutor may exercise peremptory challenges. I.e., A challenge may be made without giving a reason –The Judge must excuse a juror thus challenged. (NOTE: At Boys & Girls State, each party has two peremptory challenges.)
The defendant may exercise peremptory challenges, alternating with the prosecutor, one challenge at a time.
When a juror is excused whether for cause or peremptory challenge, a new juror is called, and he or she is subject to examination and challenge.
When challenges are exhausted, or parties are satisfied with the jury, the clerk swears in the jury to try the case. NOTE: Challenges need not be made – i.e., A party may “pass” rather than challenge.

Juror Oath:

“Do you solemnly swear (or affirm) that you will faithfully and fairly listen to the evidence, follow the court’s instructions on the law and render a just and true verdict to this court?”

Opening Statements

Each attorney is entitled to an opening statement explaining the case and telling the jury what he or she expects to prove based on the evidence he or she has to offer.
The prosecutor presents the first opening statement.
The defendant may then present an opening statement or reserve the defense opening statement until after the close of the prosecution’s case.

Presentation of Evidence

The People present their case first.
The clerk swears each witness in turn.
Witness Oath: “Do you solemnly swear (or affirm) that the testimony you are about to give in the pending matter before this court is the truth, the whole truth and nothing but the truth (so help me God)?”
The People then examine each witness (direct examination) subject to the Rules of Evidence.
At the conclusion of the direct examination of a witness, the defense counsel has the right to cross-examine the witness, the cross-examination being limited to matters testified to on direct examination, or matters related to impeachment of the witnesses being examined. At the conclusion of the cross-examination, the prosecution has the right to re-direct examination, this being limited to new matters testified to during cross-examination of the witness and not a repetition of the direct examination.
The People call the next witness, followed by cross-examination, and so on until the People have presented all its evidence, at which time the People “rest.”
The defendant then calls his or her first witness for direct examination, followed by the People’s cross-examination, and so on until he or she has presented all the evidence for the defense, at which time the defendant “rests.”
When the defense rests, the prosecutor may then introduce rebuttal evidence. Once the evidence closes, the attorneys give their summations (closing arguments) to the jury. The prosecutor gives the opening argument. The defense gives its one and only closing argument, followed by the prosecutor’s closing/rebuttal argument. Because the People (and Plaintiff in a civil case) have the burden of proof the Prosecution (and Plaintiff in a civil case) speaks first and last.
The court may control the order of proof and the manner of examining the witnesses so as to promote efficiency and to protect the witnesses from undue harassment. On direct examination, leading questions are not allowed. On cross-examination, leading questions are allowed. NOTE: In a civil case, plaintiff is substituted for the People.
At this point, if there is no jury, the judge simply decides the question of guilt or innocence and pronounces sentence, if any. In a civil case, the trier of fact decides issues of liability first, and if liability is found, then decides questions of damages.
If there is a jury, the judge instructs the jury by reading the jury instructions to them (see below) after which the clerk administers the following oath to the bailiff: “Do you swear (or affirm) to take charge of this jury, keeping them in some private and convenient place, allowing no one to communicate with them and not communicate with them yourself, unless ordered to do so by this court, until they have reached a verdict?”

Jury Instructions

The judge instructs the jury concerning the law applicable to this case, and it is their duty to follow the law as stated.
The jury determines the issues of fact based on the allegations in the complaint and the defendant’s plea of “NOT GUILTY.”
In determining guilt or innocence, the jury is governed solely by the evidence and the law as stated.
Consider the case dispassionately and with the sole purpose of reaching a just verdict.
The issues should be fully discussed, but the verdict must express the individual opinion of each juror.
A defendant is presumed innocent until proven guilty, and in case of a reasonable doubt, they are entitled to an acquittal.

*Reasonable doubt is defined as follows: “It is not a mere possibility, doubt, because everything relating to human affairs and depending on moral evidence is open to some possible or imaginary doubt. It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they feel an abiding conviction, to a moral certainty, of the truth of the charge.”

If the evidence is susceptible of two reasonable interpretations (guilt or innocence), adopt the interpretation pointing to innocence.
You are the sole and exclusive judges of the credibility of the witnesses who have testified in the case. The defendant is a “witness” if he or she testifies. A witness willfully false in any material part of his testimony is to be distrusted in others.
The defendant in this case is charged with violation of city ordinance # . The law, insofar as it relates to the alleged offense, provides as follows: (Read the ordinance).
Upon retiring to the Jury Room, you will select one of your number to act as foreman, who will preside over your deliberations and who will state the verdict to which you agree. In order to return a verdict, it is necessary that all six (6) jurors agree to the decision. As soon as all of you have agreed upon a verdict, you shall return with it to this Court.
When the verdict is reached by the jury, it is brought back to the court and the judge asks: “Have you reached a verdict?’ The foreman answers, “Yes.” and the judge asks the foreman: “Do you find the defendant guilty or not guilty?” The foreman then states the verdict. The judge asks the jury members if they all agree, whereupon the jurors answer. The clerk of the court then records the verdict after the judge examines the written verdict record and approves.
If the jurors cannot agree to a verdict, Boys & Girls State Judges may declare a mistrial and the case may be tried again, if time permits.

Rules of Evidence

Corpus Delicti

Substantial and fundamental facts necessary to the commission of a crime.
Every crime consists of elements laid down by law; each element must be proved.
The burden of proof remains on the prosecution in a criminal case, who must prove the case beyond a reasonable doubt and to a moral certainty in order to justify the conviction of a defendant charged with a criminal offense.
In a civil case, the burden of proof is on the plaintiff and the proof must be by a preponderance of the evidence.

Expert Opinion

Ordinarily, a witness's opinion is not admissible.
Exception: an expert witness.
A person with education and experience in an art, science, or profession may give an opinion on matters material to the case.

Alibi

Evidence that the defendant was not present at the crime scene.
If it raises a reasonable doubt about their presence, the defendant is entitled to an acquittal.

Confession

A statement by the defendant prior to trial acknowledging conduct constituting a crime.
Must be free and voluntary to be admissible.

Evidence Types

Direct evidence: testimony of an eyewitness relating their perceptions.
Circumstantial evidence: acts, statements, conduct, or facts used to prove guilt or innocence.
Both direct and circumstantial evidence must be competent, relevant, and admissible.
Forms of Evidence: knowledge of the court, testimony of witnesses, documents and writing, and other material objects used as exhibits to prove the case.

Objections to Evidence

Improper Evidence

Incompetent, irrelevant, and immaterial.
Incompetent = not fit for the purpose offered.

Leading Questions Asked on Direct Examination

A leading question suggests the desired answer.
The attorney is “testifying” through the question.

Suggestive Questions

Suggest an answer without allowing the witness to freely express their own answer.

Common Objections

Calls for conclusion: The question calls for a conclusion from the witness.
Assumes facts not in evidence: The question assumes facts not in evidence in the trial, or which will not be made the subject of admissible testimony in the trial.
Relevance: The question calls for irrelevant testimony.
Personal Knowledge-Lack of Foundation: The witness has no foundation of personal knowledge from which to answer the question.
Compound Question: Contains more than one question.
Narrative: The question calls for a narrative response.
Asked and Answered: The question has been asked and answered.
Argumentative: The question is argumentative.
Vague/Ambiguous: The question is vague and/or ambiguous.
Non-Responsive: I move to strike the answer as non-responsive.
Opinion/Speculation: The question calls for inadmissible opinion testimony or calls for speculation on the part of the witness.
Expert Opinion: The question calls for expert opinion testimony and this witness’ qualification to render an expert opinion has not been established.
Hearsay: The question calls for inadmissible hearsay testimony.
*If the witness answers before the objection can be made, then a motion to strike the response may be made. Example: “Objection, your Honor. I move to strike the response because… (it is hearsay; it is inadmissible opinion, etc.).

Hearsay Rule

Hearsay rules make inadmissible any out-of-court statement (oral or written) offered to prove the truth of the matter asserted in the statement.
If the statement is not offered to prove the truth of the matter asserted in the statement, it is not hearsay and is therefore not rendered inadmissible by the hearsay rule, though it could be inadmissible for some other reason. Evidence of a statement offered to show the statement itself was made (regardless of its truth), to show that a person speaks a certain language, or to show the statement’s effect on the listener would be examples of non-hearsay statements, which are admissible.
Even if a hearsay statement is offered to prove the truth of the matter asserted in the statement, there may be exceptions to the hearsay rule, which render the statement admissible. For example, out of court statements against their own interests made by parties to the action are not made inadmissible by the hearsay rule. Further, official records of public employees and records made in the regular course of a business are also exceptions to the hearsay rule.
Another exception to the Hearsay Rule is a “declaration against interest.” Where the out-of-court statement made by the witness tends to put the declarant at risk of civil or criminal liability, it is not rendered inadmissible by the hearsay rule, though it could be inadmissible for some other reason.

Structure of California Courts

Three Court Levels

The California Constitution creates three court levels:

Superior Court

State trial court.
Approximately 1800 judges statewide.
The number of Superior Court Judges in each County depends on the population of the County (e.g., some counties have only 2 or 3 Judges, while Los Angeles has several hundred.)
Judges are elected, but most are first appointed by the Governor when vacancies develop and then must run for re-election every six (6) years.
The only “trial judges” in the state court system.
Handles all criminal, civil, family, juvenile, traffic, and small claims matters.

District Court of Appeal

State intermediate appellate court.
Six (6) districts with approximately ninety Appellate Justices.
All Appellate Justices are appointed by the Governor for 12-year terms.
Each court hears appeals from cases in specified counties within its district.
A party who loses case in Superior Court has an automatic right to appeal (except The People cannot appeal acquittal in a criminal case.
Does NOT conduct trials.
Assigns three (3) appellate justices to review the written record to determine if the judgment was lawfully entered.
The Appellate Court may affirm or reverse the Trial Court judgment or send the case back to the Trial Court for a new hearing or new trial.

California Supreme Court

One state Supreme Court with seven justices (including the Chief Justice).
All members are appointed by the Governor for 12-year terms.
An Appellate Court, not a Trial Court.
*In contrast to Court of Appeal (3 justice panel), all seven justices participate in all cases before the Supreme Court.
Must hear all death penalty cases, which bypass the Court of Appeal.
Acceptance of other cases requires at least four justices to vote in favor of review.

Supreme Court Discretion

With few exceptions, the California Supreme Court only hears appeals in cases it chooses to hear, i.e., there is no automatic right to have the California Supreme Court hear the case with the exception of death penalty convictions.

Independent State Systems

Each state has its own court system that operates independently of the other state courts.

Federal Court System

The United States federal government also has its own court system, known as the “federal court.” The federal courts are described in the United States Constitution and consist of: Trial Courts, known as United States District Courts; intermediate appellate courts, known as United States Circuit Courts of Appeals; and the highest appellate court, known as the United States Supreme Court. The United States Supreme Court has nine members called “Justices”. All federal judges and justices must be confirmed by a majority vote in the United States Senate, and serve for life.