You have asked me to analyze and determine whether the evidence that prosecution would like to introduce at trial can be admitted based on the Federal Rules of Evidence. Pursuant to your request, this memo includes my analysis, reasoning, and conclusions regarding the admissibility of such evidence. Statement of Facts The defendant was prosecuted for the murder of his wife. The victim’s body was never recovered, no murder weapon was ever found, and there were no witnesses to the crime.
At trial, prosecution would like to introduce the following as evidence: 1. A computer disk, found in the defendant’s desk, that contains a file named “murder” which appears to be a twenty six step guide on how to carry out a murder. 2. A witness who will testify that two days prior to the victim’s disappearance, the defendant purchased a . 25 caliber pistol. 3. A witness who will testify that the defendant told him that the best way to kill someone else was to shoot them behind the ear.
A witness who will testify that the defendant told her that she shouldn’t be surprised if six months down the road… “you hear that Shirley is dead because I am going to kill her. ” 5. A witness who will testify that the defendant asked him how he could remove blood from concrete. 6. A witness who will testify that the defendant told her that there might be bodies hidden in the 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 being introduced, claiming that it is irrelevant and more prejudicial than probative.
The Term Paper on Charles Manson and the Tate-Labianca Murders
On August 9, 1969 the seven innocent victims of the Tate-LaBianca murders were senselessly slain by a vicious cult and their leader Charles Manson… Manson’s childhood was a troubled one, he was born Charles Milles Maddox on November 12, 1934 to sixteen year old Kathleen Maddox in Cincinnati, Ohio. Shortly after his birth, his mother married William Manson which gave him the name that is so well ...
Based on the Federal Rules of Evidence, Rules 401, 402, and 403…. I. Is the computer disk that contains a twenty six step guide on how to carry out a murder and was found in the defendant’s desk admissible evidence in this case? II. Is a witness who will testify that two days prior to the victim’s disappearance, the defendant purchased a . 25 caliber pistol admissible evidence in this case? III. Is a witness who will testify that the defendant told him that the best way to kill someone else was to shoot them behind the ear admissible evidence in this case?
A witness who will testify that the defendant told her that she shouldn’t be surprised if six months down the road… “you hear that Shirley is dead because I am going to kill her. ” V. Is a witness who will testify that the defendant asked him how he could remove blood from concrete admissible evidence in this case? VI. Is a witness who will testify that the defendant told her that there might be bodies hidden in the mine shafts in Pennsylvania, and that if he wanted to get rid of his wife, nobody would ever see her again admissible evidence in this case?
Whether or not evidence proves or helps to prove a fact that is important to the case is a key element in determining the admissibility of evidence. If this element is satisfied, then the evidence has probative value. Rule 402 of the Federal Rules of Evidence provides that, unless prohibited by the United States Constitution, a federal statute, rules of the Supreme Court, or the Federal Rules of Evidence, relevant evidence is admissible. See Fed. R. Evid. 402(2011).
Although relevance is a required element for the admissibility of evidence, it is not a sufficient one.
According to Rule 403 of the Federal Rules of Evidence, if the prejudicial effects of the evidence substantially outweighs its probative value, the relevant evidence may be excluded. See Fed. R. Evid. 403(2011).
The Essay on Circuit Court Evidence Cases Heard
Process of Law A law trial begins when a party brings suit against another party, or several parties. A request for jurors is sent out, and a list of possible jurors is created. The defendant (s) for both parties may now filter out jurors through the list, in two different ways. The first, For Cause, means a juror is dismissed because they are or were employed by or related to one of the parties. ...
In order for it to meet the requirements to be excluded, the danger of unfair prejudice, confusing the issues, the jury being misled, undue delay, time being wasted, or unnecessary presentation of cumulative evidence has to greatly outweigh the probative value of the evidence. If harm that is not related to the legal issue of the case will be done to a party by the introduction of the evidence, then the evidence prejudicial.
A fact often possesses both probative and prejudicial effects, in which case it is then left up to the court to determine if the prejudicial effects outweigh the probative value enough to exclude the evidence, or if the probative value of the evidence outweighs the prejudicial effects enough to deem the evidence as admissible. Prejudicial evidence tends to discredit the accused and make the jury dislike him/her more, and offers little or no insight to the matter of the case or assistance in the search for the truth. ANALYSIS ISSUE I
Is the computer disk that was found in the defendant’s desk containing a file named “murder” which appears to be a twenty six step guide on how to carry out a murder admissible evidence in this case? Although this evidence does not necessarily prove that the defendant is guilty of murdering his wife, it does have the tendency to prove that the defendant was interested in gaining the knowledge of how to carry out a murder. This evidence also helps make it a little more likely that the defendant was involved in his wife’s disappearance and adds some insight to the matters of the case.
Therefore, according to Rule 401 of the Federal Rules of Evidence, the computer disk is relevant evidence in this case and possesses probative value. This evidence does not present any danger or a great enough danger of confusing the issues, misleading the jury, undue delay, waste of time, or unnecessary presentation of cumulative evidence. “All relevant evidence is prejudicial in the sense that it may prejudice the party against whom it is admitted. Rule 403, however, is concerned only with unfair prejudice. See United States v Russell, 971 F. 2d 1098. When determining whether or not the prejudicial effects outweigh the probative value, the courts must view the evidence in the manner that is most favorable to the person presenting it and maximize its probative value and minimize its prejudicial effects. Introduction of the computer disk as evidence at the trial does not present a danger of unfair prejudice. Therefore, the evidence is not excluded under Rule 403 of the Federal Rules of Evidence.
The Research paper on Case Study: Rule Utilitarianism or Act Utilitarianism?
This paper examines the procedure that were followed that it is a common sight to see on the street, children and sometimes old, physically handicapped, beggars and sickly people begging for food and some money. It critically examines these procedures in the moral dilemma with reference of applying the concepts: rule and act utilitarianism. Should we give these beggars money or not? In deciding ...
