Question

In which state(s) of a trial can a motion to exclude evidence under Section 1983 be made?

1) Before the trial begins
2) During the trial
3) After the trial concludes
4) All of the above

Answer 1

A motion to exclude evidence under Section 1983 can be made before the trial, during the trial, or after the trial; hence, at any stage of the criminal justice process.

Step-by-step explanation:

In a trial, a motion to exclude evidence can be made under Section 1983 at various stages, specifically: 1) before the trial begins, 2) during the trial, and 3) after the trial concludes. Before the trial, such motions are often part of pre-trial hearings, where parties argue about what evidence should be presented to the jury.

During the trial, evidence can be challenged as it is being introduced, especially if it violates the exclusionary rule, which prevents evidence obtained illegally from being used in court. After the trial, if new facts come to light showing that evidence should have been excluded, a party may raise this as part of an appeal or post-trial motions. Therefore, the correct answer is 4) All of the above, indicating that these motions can be made at any stage of the criminal justice process.