beach
Verified Expert
- Joined
- Aug 14, 2008
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I understand where you're coming from, Z, but the GJ has served its purpose and is finished with this case. The GJ only indicts (or not), but holds nothing to further "answer to" - the GJ then "passes" Casey on down the judicial process after indictment.
The Defense is never required to present a case. Once the State presents and finishes their CiC, it is then the Defense's turn to present. The Defense, at that time, may state, "The Defense rests" - without ever uttering another word as part of their "presentation". What they are doing when this happens is, they're calling the State's (or Prosecution, if not State vs. ___) bluff. They're pseudo-saying to the State and the Jury, "You think your case is strong enough to stand on it's own, but we don't. Jury, the State's case is weak, you can't possibly convict my client on their presentation and I'm SO sure of this that I'm not even going to rebut."
Don't forget, Z, the Defense has to prove nothing. Burden is on the State/Prosecution, always.
This is all spot on.
Just for clarity, immediately after the SA rests and the defense makes their motion for acquittal....and it is denied, the defense can still present their side. IOW, when their motion is shot down, they can still put on their case. They don't have to rest w/o putting on any witnesses.