Evidence-Wellborn SU2006 Outline

They had in mind the investigative report in notes

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Unformatted text preview: inal case. Issue: Was the INS form properly admitted? Holding: Warrant was properly admissible- did not violate the 6th amendment (confrontation clause) o Congress did not intend to exclude all reports made by a government employee that are offered against a criminal defendant. o Court thinks there should be a distinction drawn between law enforcement reports prepared in a routine, nonadversarial setting, and those resulting from the arguably more subjective endeavor of investigating a crime and evaluating the results of that investigation o "In the case of documents recording routine, objective observations, made as part of the everyday function of the preparing official or agency, the factors likely to cloud the perception of an official engaged in the more traditional law enforcement functions of observation and investigation of crime are simply not present." Key! o Court also said that in this case, absolute necessity of proving gov's case through the use of public records is unquestionable. Given the numbers deporte...
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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 at Austin.

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