24 May Admissibility versus Weight- 1 page, references.? Discuss the concept of weight of evidence versus the adm
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 defendant’s 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.