Why do we have Rules of Evidence?
A. Mistrust of juries
B. to serve substantive policies relating to the matter being litigated
C. to ensure accurate fact finding
D. all of the above
The success of the Rules is due to their brevity and simplicity
Do you think that eyewitness testimony, specifically eyewitness identification, should be utilized
more or less in our current justice system? What are the pros and cons of this kind of evidence?
Find some examples of cases where eyewitness identification
I agree that the statement should not be considered hearsay since the statement is being
used to prove the states case but as a statement of fact. The state is saying this is what
happened and what was said. If the statement was to be considered hearsay u
I too agree that when examining a rape case the background of each party should be examined.
When discussing the victim I do not necessarily mean whether or not she or he is a virgin but
whether or not they have made a false claim of rape in the past or i
Young is charged with selling narcotics. He testifies on direct that he did not commit the charged
offense and that he was elsewhere at the time. On cross-examination, the prosecutor asks,
"Have you ever sold narcotics before?" The defense counsel timely
Ohler v. U.S., 529 U.S. 753 (2000).
Maria Ohler was stopped at a Mexico/US border crossing when an observant border agent
noticed a loss panel in her car. When the car was searched the agent discovered marijuana and
she was charged with importation
FRE 412 restricts the use of evidence relating to the sexual history of a sex crime victim. Should
such evidence be excluded? Why or why not? Make sure you discuss the exceptions to the rule.
According to FRE 412 a rape victims past sexual history and the
I agree that with the proposed facts, while the argument can be made that the
testimony of Carls girlfriend could be excluded under Rule 403, are not detailed enough
for a judge to not find for the prosecution under Rule 401. Rule 401 states that ithas
I have to agree that eyewitness testimony should not be used as the sole evidence in a trial. It
has been proven in numerous studies that people who witness a crime may not make the best
witnesses. Our memories change and evolve over time with time playin
Eye witness testimony plays a large role in the justice system and in some cases may be the
only evidence available. It is held by most juries as the gold standard when it comes to the
prosecution proving its case when in fact this couldnt be farther from
There are two approaches for eliciting expert testimony: through hypothetical questions and
through direct questioning. Compare these two methods, discussing the relative merits of each
FRE Rule 705 states that Unless the court orders otherwise, an expert
Melendez-Diaz v. Massachusetts, 557 U.S. _, 129 S. Ct. 2527, 2542 (2009) (No. 07591).
The defendant, Diaz, was an employee of a Boston Kmart in 2001 when a tip was called in to the
Boston police department that he was acting strangely. The police w