Evidence-Wellborn SU2006 Outline

Defense brought an investigative report by a lt

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Unformatted text preview: d annually, it is unlikely that testimony by an INS officer as to the deportation of a particular individual could be based on anything other than recorded observations! Notes: Issue here = illegal entry after a previous deportation. Have to prove that Quezada was previously deported and that he was read his rights in his native language (Spanish). They have a document to prove this. In this rule, sponsoring witness doesn't have to have particular knowledge of the content of the records, just has to know how the system works o Isn't likely that somebody who arrests thousands of people would remember the specific details of this arrest...no agent would remember any particular individual who had been deported. o Not being able to use this document would basically make it impossible to prove this offense. Court decides that Rule 803(8)(B) is designed to permit admission into evidence of public records prepared for purposes independent of specific litigation. Reports in this case were routine, objective observations, and the factors that are likely to cloud the perception of an official engaged in the more traditional law enforcement functions of observation and investigation of crime are not present....
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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