Problem
Read the following hypothetical problem. Assume you are the prosecutor. List the evidence you would look for to develop the case, then put the evidence you've listed into categories. (Who are your witnesses? Are the occurrence witnesses or experts? What real evidence can these witnesses introduce or explain to the jury? How would you order all of this to put together a case that could convince a jury, beyond reasonable doubt, that Steve is the person who attacked Maggie?) You can submit your work on the next page!
SCENARIO:
On a Friday night, Maggie and her boyfriend Mike agreed to meet after work at a nearby bar. They arrived in separate cars, met in the parking lot, and went into the bar, where they listened to country music, had dinner and drank a couple of beers each. While they were seated at the bar, a man who'd been drinking at the other end came up and asked Maggie for a dance. The man did not take it well when she turned him down. He became belligerent, and was so angry and loud that the bartender asked him to leave. He left.
An hour or so later, Mike and Maggie left. Mike walked Maggie to her car, said goodnight, and then drove off in his own car. Maggie spent a few minutes selecting some music for her drive home. As she was about to turn the key to start her car, someone yanked the driver's side door open and began to punch her around her head, face and upper torso. Maggie bled profusely. The man, who was wearing a dark ski mask like hat pulled down over his face, ripped off Maggie's shirt and bra, pushed her down across the seat of her car, and climbed on top of her. His breath stank of alcohol. He said, "Bitch, you think you are too good for me." Maggie fought back: poking the man in his eyes, kneeing him in the groin and scratching his face, as she attempted to pull off his mask. She also managed to scream and to hit the horn. The noise alerted two people who were leaving the bar. As they approached Maggie's car, the man ran away: tearing off down the road in a dark 4 door car. The couple who rescued Maggie called 911. An ambulance took her to the local hospital.
About 20 minutes after the ambulance arrived in the bar parking lot, a police officer pulled over Steve: who was speeding and driving erratically in a navy blue PT Cruiser. Steve looked as though he'd been in a fight. He was generally disheveled, and had scratches and bruises on his face, and what looked like blood stains on his clothes. Steve failed a roadside sobriety test. He was arrested for drunk driving and was taken to and booked at the local jail.
Police suspected that Steve might be the person who attacked Maggie in the bar parking lot. In a quick show up, however, Maggie proved unable to identify Steve as her attacker. (It happened too fast; it was dark; she was scared; and the attacker was wearing a mask). Assume you are working for the police and for the prosecution.
I. List each item of evidence you could find or develop to support a charge of aggravated battery with intent to rape against Steve. It's OK to use your imagination: follow the leads and fill in the blanks.
II. For each item, indicate whether it is real evidence (tangible, scientific or documentary); witness testimony (occurrence witness or expert witness) or a type of demonstrative evidence. Some evidence will involve multiple categories. For instance, a photo of blood stains (documentary) might be used in court to identify the type of blood found in an incriminating spot (scientific): all of which would need to be presented and explained to a jury by a forensic examiner (an expert witness). That is fine. You can list such evidence under any category that fits.