Laws of Evidence
Memorandum
To:
From:
Date: 08/31/2012
Re: Laws of Evidence Assignment #2
Statement of Assignment
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. 4. 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.
ISSUES PRESENTED
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
To:
From:
Date: 08/31/2012
Re: Laws of Evidence Assignment #2
Statement of Assignment
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. 4. 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.
ISSUES PRESENTED
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