Assignment:
Part 1
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.