Tillers Sp04 Evidence Exam

Tillers Sp04 Evidence Exam - Tillers Evidence Exam...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Tillers Evidence Exam 1 MEMORANDUM To: Judge Major Wisdom From: Diligent Clerk Date: May 17, 2004 Re: Admissibility of Children’s Testimony in Victim v. Priest Question Presented: Is the testimony of three children admissible in this trial? Why or why not? Does the analysis differ depending on whether Priest testified at the trial? Short Answer: If Blackacre has adopted the Federal Rules of Evidence, the testimony is admissible under Rule 415 unless Vila Victim has failed to provide adequate notice to Priest as required in Rule 415(b). If Blackacre has not adopted the Federal Rules, the evidence may be admissible under a Blackacre state statute that creates an exception to the prohibition on character evidence for cases involving sexual offenses. Furthermore, the testimony is admissible to prove Priest’s motive or intent or to demonstrate lack of accident, or the existence of a plan, pattern or common scheme, if Blackacre follows the Huddleston standard for the burden of proof in admissibility of collateral crime evidence. Finally, the analysis does not change depending on whether Priest testifies. Whether Priest testifies is irrelevant under the two theories of admissibility described above, and no further grounds for admissibility would exist if priest testified because extrinsic evidence cannot be used to impeach a witness. Discussion: I. ADMISSIBILITY OF THE EVIDENCE UNDER FEDERAL RULE OF CIVIL PROCEDURE 415 AND ANALOGOUS STATE EXCEPTIONS. Rule 404 and the common law generally prohibit evidence of a person’s character as well as evidence of other crimes, wrongs or acts, to be admitted to prove a propensity and action in conformity with that propensity on a particular occasion. See Fed. R. Evid. 404. The Federal Rules of Evidence (FRE) and many states, however, have carved out an exception to this general www.swapnotes.com
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Tillers Evidence Exam 2 rule for civil and criminal cases involving sexual offenses. Rule 415 of the FRE, for example, provides in relevant part that: In a civil case in which a claim for damages or other relief is predicated on a party’s alleged commission of conduct constituting an offense of sexual assault or child molestation, evidence of that party’s commission of another offense or offenses of sexual assault or child molestation is admissible and may be considered as provided in Rule 413 and 414 of these rules. Fed. R. Evid. 415(a). This rule allows evidence regarding other sexual offenses to be admitted to prove “the defendant’s propensity to commit sexual assault or child molestation offenses, and assessment of the probability and improbability that the defendant has been falsely or mistakenly accused of such an offense,” Cong. Rec. H8991-92 (Aug. 21, 1994), reprinted in Eric D. Green, et al., Federal Rules of Evidence 91 (2003 ed.), despite the fact that it calls for a propensity inference that is normally prohibited under Rule 404. A.
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 02/14/2008 for the course LAW 7330 taught by Professor Lushing during the Spring '05 term at Yeshiva.

Page1 / 12

Tillers Sp04 Evidence Exam - Tillers Evidence Exam...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online