Murder In Moscow: Kohberger's Memo In Support Of Trifurcating The Proceedings (Part 2) (9/6/24)

To trifurcate the proceedings in a legal context means to divide the case into three separate phases, each focusing on a distinct issue. This is often done to improve the efficiency and clarity of complex cases by addressing one issue at a time.When the proceedings are trifurcated and the rules of evidence are applied during the eligibility phase, it means that:

1. Three Phases of the Case:
   • Liability Phase: Determining whether the defendant is responsible or guilty of the matter at hand.
   • Eligibility Phase: In cases like death penalty or complex civil cases, this phase determines whether the defendant is eligible for a specific penalty or remedy. For example, in a capital punishment case, the eligibility phase may decide whether the defendant qualifies for the death penalty based on aggravating factors.
   • Penalty or Damages Phase: If the defendant is found eligible, the final phase determines the specific punishment or the amount of damages to be awarded.
2. Applying the Rules of Evidence:
   • During the eligibility phase, the court will strictly apply the rules of evidence, meaning that only admissible evidence, as defined by formal legal standards, can be presented. These rules are designed to ensure the fairness of the proceedings and prevent irrelevant, unreliable, or overly prejudicial evidence from influencing the decision.

In summary, trifurcating the proceedings with evidence rules applied during the eligibility phase ensures that the determination of eligibility (such as for a specific sentence or legal remedy) is made based on legally sound, admissible evidence.


(commercial at 9:00)

to contact me:

bobbycapucci@protonmail.com



source:

090524-Motion-Memorandum-Support-Trifurcate-Apply-Rules-Evidence.pdf


Become a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.