Admissibility versus Weight- 1 page, references.
Discuss the concept of weight of evidence versus the admissibility of evidence. How could this affect how a judge or jury considers evidence?
Discuss timeliness as it relates to admitting and excluding evidence in Government of the Virgin Islands v. Archibald, 987 F.2d 180 (3rd Cir 1993).
Part 2
Assess the purpose of the rules of evidence related to relevancy, hearsay, and admission of evidence.
In a 2-page paper, state the objection (or why there is not an objection and thus why the questions are proper) to the following questions asked in a trial.
- What did the defendant say when they put the gun in your face?
- What did Mary tell you she saw? (Mary is not a witness or defendant in the case.)
- Doctor, what do the records of your colleague say about how they treated the patient? (Records have not been admitted in the case.)
- Do you believe what the defendant said to you?
- Did the defendant tell you that they did this in self-defense?
- Asked by the prosecutor.
- Asked by the defense attorney.
- Your Honor, on behalf of the defense, we offer the defendants sworn statement to the police.
- State offers the prior convictions of the defendant for felony driving while intoxicated.
- In a murder trial where the defendant does not testify.
- In the punishment phase of a trial.
- To impeach and cross-examine a testifying defendant.
