ASSIGNMENT #13 We are now at the trial of this case. You are to prepare an outline of the witnesses that you intend to call at trial and a brief synopsis of the testimony that you expect each will provide. You are also to prepare a written opening statement to the jury on what you intend to prove. Lastly, what, if any, rebuttal case will you prepare in advance? ASSIGNMENT #12 As to the Sandoval hearing, the court made a compromise decision. The court ruled that the convictions from the 1990s and early 2000s were too remote in time to be presently probative. The court will allow the prosecution to ask Randolph if he has been previously convicted of the felony of grand larceny if Randolph takes the stand. The prosecutor will not be allowed to delve into the underlying facts of this crime. Finally, the court rules that the defense can call an expert on eyewitness identification at trial. We are now at the beginning of trial. As to jury selection, you are to research what are the characteristics of the potential jurors that you want to serve in this case. You are also to research what are the characteristics of the potential jurors that you do not want to serve in this case. You are to submit a summary of the research for this assignment. . ASSIGNMENT #11 The hearing court denied both of Randolph’s suppression motions. It held that the complainant’s photo identification was sufficiently reliable to establish probable cause. It further held that the lineup identification was not unduly suggestive since any physical differences between Randolph and the fillers were minimal and did not draw any undue attention to him. We are nearing the beginning of trial. We now turn our attention to the final pretrial hearing. Except in specific cases involving specific circumstances (not present in your case), a prosecutor may not use a defendant’s criminal history as affirmative evidence of that person’s guilt. This prevents a jury from convicting an individual on a propensity theory. Prosecutors can, however, use a defendant’s criminal history to impeach a defendant’s credibility in the event he takes the stand at trial. This history is used as impeachment material to attack the defendant’s credibility. In other words, since the defendant has previously broken the law and thus has put his interests above that of society, the jury should not believe the defendant’s testimony. In order to assess the proper use of a defendant’s criminal history in the event that the defendant takes the witness stand, the court conducts a pretrial hearing where the judge weighs the probative value of the evidence against its prejudicial impact. In essence, this is a balancing test and the court usually reaches a compromise decision satisfying neither party. You are now at the Sandoval hearing in Randolph’s case. This hearing comes from People v. Sandoval, 34 N.Y.2d 371 (1974). You must read that decision to complete thi.