1089 (1984) ("he fact finding necessary for sentencing is the responsibility of the sentencing judge.") Turnbough v. 1985) ("Historically, the duty of imposing sentence has been vested in trial judges.")(citing United States v. The punishment provided by law upon conviction of a criminal violation is a matter exclusively in the province of the Court and should never be considered by the jury in any manner in arriving at their verdict as to guilt or innocence. Evidence regarding punishment or the effects of conviction is thus irrelevant and inadmissible before the jury. In a federal criminal prosecution, the jury's sole function is to determine guilt or innocence. INADMISSIBILITY OF EVIDENCE REGARDING PUNISHMENT This Memorandum sets forth the reasons for the relief sought and the supporting legal authority. Pursuant to Rule 12(b) of the Federal Rules of Criminal Procedure, the United States has filed a Motion in limine with the Court that addresses certain matters that are capable of resolution prior to trial. Prohibiting witnesses from reading transcripts of trial or pretrial testimony given by other potential or actual trial witnesses.Invoking Rule 615 of the Federal Rules of Evidence excluding witnesses from hearing the testimony of other witnesses in the trial.Evidence of the economic reasonableness of prices charged by the defendant and his co-conspirators pursuant to the price-fixing conspiracy.Evidence of economic justification for entering into and continuing to participate in a price-fixing agreement and.Prohibiting the defendant from offering evidence of the following on the basis that it is irrelevant to the antitrust violation with which the defendant is charged:.Evidence of the potential direct or indirect effects of a conviction of the defendant.ยง 1) and conspiracy to commit wire fraud (18 U.S.C. Evidence related to the punishment that may be provided by law for a violation of the Sherman Act (15 U.S.C.Prohibiting the defendant from offering or commenting on the following evidence on the grounds that it is irrelevant to the charges against him and the fact-finding duties of the jury:.12(b), and for the reasons set forth in the accompanying Memorandum, the United States hereby moves that the Court enter an Order: ![]() For an official signed copy, please contact the Antitrust Documents Group. To view the PDF you will need Acrobat Reader, which may be downloaded from the Adobe site. This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting).
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |