Week 4 Essay Differences Between Local, State an Federal Prisons

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CJ 1130 Criminal Evidence

Directions: Answer the following scenarios utilizing the Ohio Rules of Evidence or the Federal Rules of Evidence. Respond to each scenario using the formula detailed in class: 1) respond to the question 2) state the pertinent rule or concept, and 3) correctly apply the rule to the case.

Papers must be word processed. No handwritten work will be accepted. Projects are due at the beginning of class on the day of your class meeting during the week beginning October 6, 2014.

Due to the nature of the assignment, NO LATE PAPERS WILL BE ACCEPTED!!! Feel free to turn the project in early.

1. To impeach Walt Dipsey’s primary witness, the Evil Stepmother, Snow White plans to introduce testimony of seven diminutive witnesses in the neighborhood who will testify that the Evil Stepmother has a reputation for untruthfulness. On what basis can Dipsey exclude some of the witnesses?

2. Charles Foster Kane is arrested for possession of cocaine, which the prosecution asserts was contained in a “snowy” paperweight on Kane’s desk. The prosecutor offers as evidence a lab report stating, “The “snow” in the subject paperweight is 95% pure cocaine hydrochloride.” Is the report hearsay? Why or why not?

3. Peter Pan gives John, Wendy and Michael fairy dust to fly. He is arrested on narcotics charges. Wendy is called as a witness at trial. She can’t remember exactly what happened, but, when she is shown some notes she made at the time of the incident, she is able to remember the events perfectly without further reference to the notes. Are the notes admissible under the “recorded recollection” exception to the hearsay rule?

4. The French Maid rushes into the Master’s study, only to find him on the carpet, bleeding profusely, with a sharpened umbrella through his chest. She rushes to him, props him up, and he…...

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