arraignment) and trial process (opening statements to verdict). Within that
discussion, describe what motions can be filed with the court that could
ultimately alter the outcome of a case (page 241 of your textbook).
indeterminate and determinate sentencing
Everyone who testifies in a criminal trial must do so under oath, in which some reference to God is made, or after affirmation, 59 which is a pledge to tell the truth used by those who find either a reference or swearing to God objectionable. All witnesses are subject to cross-examination. Lay witnesses may be surprised to find that cross-examination can force them to defend their personal and moral integrity. A cross-examiner may question a witness about past vicious, criminal, or immoral acts, even when such matters have never been the subject of a criminal proceeding.60 As long as the intent of such questions is to demonstrate to the jury that the witness is not credible, the judge will normally permit them. Witnesses have traditionally been short-changed by the judicial process. Subpoenaed to attend court, they have often suffered from frequent and unannounced changes in trial dates. A witness who promptly responds to a summons to appear may find that legal maneuvering has resulted in unanticipated delays. Strategic changes by either side may make the testimony of some witnesses entirely unnecessary, and people who have prepared themselves for the psychological rigors of testifying often experience an emotional letdown. To compensate witnesses for their time and to make up for lost income, many states pay witnesses for each day that they spend in court. Payments range from $5 to $40 per day,61 although some states pay nothing at all (federal courts pay $40 per day62). In a 2004 Chicago murder case in which Oprah Winfrey served as a juror, for example, all jurors, including Winfrey (a billionaire), were paid $17.20 a day for their services.63 The 1991 U.S. Supreme Court case of Demarest v. Manspeaker et al.64 held that federal prisoners subpoenaed to testify are entitled to witness fees just as other witnesses would be. In an effort to make the job of witnesses less onerous, 39 states and the federal government have laws or guidelines requiring that witnesses be…





