Evidance Essay

2243 words - 9 pages

A. Harrison’s . Harrisons firs part of his testimony that he witnessed Tom once angrily beat his sister with a flashlight is addmisbel.. NormAaly under Character evidance rules you cannot bring in a defedans character to prove that he acted in conformit with a charater trait. However it can be brought if he is bringing for a diffrnet reason. In this case he is bringing it to show that he had anger intentt toward his wife. In order to be able to bring in character evidence in a criminal case the evidance must be pertinent to the charge that’s given. Here the charge is murder.
Charatcter eviance is pretty pertinat in this case. The defese may argue that ...view middle of the document...

This means that since the defense has not yet testified the prosecution is not allowed to put on a witness to testify to a character trait. In this csse Harrison testify to the fact that tom has a reputation in his church for being violent.
The way to get it in is after Donald who lives in the same commiinity testifys to the fact that Tom has a peacfull reputaion in here community . Once that’s done the dorr is opned. The first thing that should be done is try to get it in by impeaching Donald. The defense can now under the rules of reputation ask If he was aware that Tom had a violonet reputation according to the members of Tom’s church. Donald will most likely answer that he is unaware of that reputation. Howver according to the rules that’s all the prosecuter can do with Donald on this question. He is not allowed to chase down a rabbit hole and bring in exrinsix evidanceon this point. He has to take the witteses anseron this. This howev makes the witteslook bad since he appears not to know the defedant as wekkll as he claimed to.
Now we can get back to Harrison. Now that the door has been by the defendants witnes who testified that Tom had a peacefull reputation in the community. Under the charter evidace rule for reputation a witness can testify to the reputation of somones character trait as long as that trait is pertinat to the charge. Theafore The prosecutor can now call Harrison back to the stand to testify to the fact that he has heard that the members of his church think Tom is Violent. As stated above murder is a violent crime and thefore his violent reputation should be able to come in. This is both impeachment evidance since its being used to impeach Donald’s testimony. It is not substative since its being offed to prove the fact that Tom has a bad reputation for violence.
B. 1. Prosecuter Mike cannot testify about Doanld Conviction. This is because it can only come in under Imoeachment by evidance of a criminal convection. This rule only applies to a testifying witness. A,t this point Mike is the one who is testifying, Further it cannot come in under specific instaces of conduct because Donald is not the defendant.
It may be able to come in whith the iscreton of the judge under Imoeachment by evidance of a criminal convection for attacking there trufullness,. However Mike would not be able to testify to this. This is because the The rule reqires that The wittnes if he is not the defedant be convictd of a felony and the crime be less then ten year old unless they were inprson then is from the date of realse of confinemt or whatever is later. It is the subject to a 403 balancing test to were it is ssumed the evidace comes in. Unless the predicdical effects subsatualy outweigs outweighs the probative value . In theis case the probative value is to see whether or not the wittenss is a liar.
In our oresent case Donald was convited...

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