MEMORANDUM OF POINTS AND AUTHORITIES

 

I.          STATEMENT OF FACT

[Type Statement of Fact for MOTION TO EXCLUDE SPECTATORS, EXCEPT FOR THE PRESS AND SUPPORT PERSONS DURING VICTIM TESTIMONY here.]

II.        LAW AND ARGUMENT

Arizona Rule of Criminal Procedure 9.3(c) provides:

c.   Protection of Witness

      The court may, in its discretion, exclude all spectators except representatives of the press during the testimony of a witness whenever reasonably necessary to prevent embarrassment or emotional disturbance of the witness.

The court should exercise its discretion to protect the victim-witness. Such an exercise of discretion to protect the victim-witness is in accord with the intent of the victim’s constitutional rights. Ariz. Const. Art. II, §2.1(1) states that, “A victim of crime has a right to be treated with fairness, respect and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal process.” This constitutional value of victim protection supports the proposition that victims should liberally be granted protection under Arizona Rule of Criminal Procedure 9.3.

III.       CONCLUSION

[Type conclusion here] Therefore, in order to prevent embarrassment or emotional disturbance of the victim, and in order to preserve his/her constitutional rights, the victim, through his/her undersigned counsel, hereby moves to exclude all spectators who are not members of the press and/or who are not support persons of the victim.

Respectfully submitted this _______ day of ________________, _____.

 

                                                           By                                                                    

                                                           (ATTORNEY)

                                                           Attorney for Crime Victim

                                                           Arizona Voice for Crime Victims