NPC Application of Rules and Cases to Determine Court Verdict Essay

User Generated

oevg08sberire

Law

National Paralegal College

Description

Defendant was charged with the murder of his wife, even though neither the victim's body nor a murder weapon was ever recovered, and there were no witnesses to the crime. At trial, prosecution wants to introduce the following evidence:

1. A computer disk that had been found in defendant's desk. On that disk was a file named "murder," which appeared to be a 26-step guide to carrying out a murder.
2. A witness who will testify that defendant purchased a .25 caliber pistol 2 days before the victim disappeared.
3. A witness who will testify that defendant told him that the best way to kill someone else was to shoot him behind the ear.
4. A witness who will testify that defendant asked him how he could remove bloodstains from concrete.
5. A witness who will testify that defendant once told her that she should not "be surprised if 6 months down the road . . . you hear that Shirley is dead, . . . because I am going to kill her."
6. A witness who will testify that defendant told her that there might be bodies hidden in mine shafts in Pennsylvania, and that "if he wanted to get rid of [his wife], nobody would ever see her again."

Defense objects to this evidence, claiming that it is irrelevant and more prejudicial than probative.

Discuss defense’s objections. How do you think a judge would likely rule for each objection? Apply the following rules and cases to the fact pattern. Include your analysis, reasoning, and conclusions.

- FRE Rule 401

- FRE Rule 402

- FRE Rule 403

- Old Chief v. United States, 519 U.S. 172 (1997)

- People v. Collins, 68 Cal. 2d 319 (1968).

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Running head: LAW

1

Application of Rules and Cases to Determine Court Verdict
Student’s Name
Institutional Affiliation

LAW

2
Application of Rules and Cases to Determine Court Verdict
Introduction
The defendant is charged with the murder of his wife despite the fact that neither the

body of the victim nor the murder weapon used could not be traced by the prosecutor. Due to
inability to trace the two key evidences which would be crucial in the case, the prosecutor wants
to rely on evidences and witnesses which does not directly the defendant to the crime but gives a
legal path that can be used by the jury to find the probability that defendant was the one behind
the murder. One of the evidences will include the computer disk that had been found in the
defendant’s desk. Other key witnesses that will be crucial for the prosecutor to ...


Anonymous
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