Ch16 Rules of Evidence.docx

CHAPTER 16: RULES OF EVIDENCE TRANSPARENCY MASTERS Rules of Evidence The Four Types of Evidence Testimony of a Witness Types of Exhibits Types of Evidence What Is Relevancy? What Is Impeachment? What Is Hearsay? PURPOSE AND SUBSTANTIVE CONTENT This chapter gives students an overview of the purpose of the rules of evidence as well as introducing some major rules of evidence. CHAPTER OUTLINE Technology Corner Case File 16-1 Introduction 16-2 What Is Evidence? Testimony of a Witness Exhibits Stipulated Facts Judicial Notice 16-3 Types of Evidence Direct Evidence Circumstantial Evidence 16-4 Relevancy 16-5 Impeachment 16-6 Hearsay Featured Website Chapter Summary Terms to Remember Questions for Review Questions for Analysis Assignments and Projects SKILL BUILDING The examples, assignments, case questions, and projects provide the opportunity for students to build the following skills: Critical Thinking Legal Analysis Writing Computer CASE SUMMARIES, CASE QUESTIONS, AND SUGGESTED ANSWERS United States v. Lawson, 653 F.2d 299 (7th Cir. 1991) (Pg. 368) During a criminal trial for extortion, a psychiatrist testified regarding defendant. His testimony and opinion were based primarily on information and reports from other doctors. Defendant was convicted and appealed raising the contention that the admission of hearsay in the testimony of the psychiatrist violated his right to confront adverse witnesses. The court upheld the conviction stating that the admission of hearsay was in accordance with Federal Rule of Evidence 703, which expressly permits experts to base their testimony on evidence that would otherwise be inadmissible, so long as it is of a type reasonably relied on by experts in the particular field in forming opinions. The admission of hearsay did not violate the Constitutional right to confront witnesses, because the defendant had pretrial access to the hearsay information relied upon. Rule 703 was discussed in the Lawson case. Rule 703 states that “[t]he facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.” Explain why the Lawson court held that the opinion of Dr. Sheldon was admissible. Suggested Answer: Expert psychiatrists often base their opinion on reports and data from other experts. Dr. Sheldon in this case relied on staff reports, background information from the Marine Corps, and the U.S. Attorney’s Office, which were clearly the type that psychiatrists would rely upon in making a similar professional judgment. Prepare a brief for the Lawson case. Include the facts, issues, rules, analysis, and conclusion of the court. Suggested Answer: Answers will vary from student to student. Bowling v. Commonwealth of Virginia, 12 Va. App. 166, 403 S.E.2d 375 (1991) (Pg. 374) Defendant was convicted of murder, which occurred in the course of a robbery. At trial the following evidentiary issues arose: (1) Defendant attempted to introduce psychiatric testimony regarding his low I.Q. in an attempt to prove lack of premeditation. The court refused to allow the testimony. (2) The court admitted a recording of a 911 tape made by the victim minutes after the robbery and shooting. On the tape, the victim answered several questions. (3) The court admitted statements of the victim made to his wife in the emergency room as dying declarations. The victim also requested to see a minister and made several statements to his wife, indicating that he felt he was dying. The appellate court upheld all the trial court’s rulings. Using Appendix VII, find the Federal Rules of Evidence that might have been applicable to the Bowling case. Explain how each could be used. Suggested Answer: Rule 802 is the basic hearsay rule. Rules 803 and 804 create the numerous exceptions. In this case, the following would apply: 803 (1) Present Sense Impression 803 (2) Excited Utterance. 803 (24) Other Exceptions (a statement having guarantees of trustworthiness if the statement is offered as evidence of a material fact, if the statement is more probative that other evidence, and if justice will be served.) (a) Hearsay Exceptions; Declarant Unavailable (defines unavailability and included death) 804(b)(2) Statement under Belief of Impending Death Write a case brief for the Bowling case. Suggested Answer: This will vary from student to student. ETHICAL CHOICES A client charged with armed robbery comes into the office with a small bundle wrapped in a kitchen towel. She asks you to hide the bundle. What should you do? (Pg.372) Points to Discuss: How far do your obligations to your client go? If you did this would you be committing a crime? Do you have to tell the police that you were asked to do this? A client tells you he is going to shred certain relevant documents that are damaging to his case. What should you do? (Pg. 373) Points to Discuss: How does your fiduciary duty to your client apply here? Does it matter if this happens at the beginning of the case, before any discovery takes place? Is it alright to shred the document as long as you do not lie about it later? What if this does happen and later you learn that your client has perjured himself, denying that any such documents ever existed (and the attorney refuses to do anything)? QUESTIONS FOR ANALYSIS 1. Read the following hypothetical situation after reviewing the Case File at the beginning of this chapter. Focus on the statements that may be hearsay. Tommy Rutherford and his family were staying at the lake for the summer. Tommy’s family has a very small cabin built by his great-grandfather. The new home next door is quite large and the owner is almost never there. One weekend the next-door neighbor, Susan, came to the lake for a short stay. Tommy offered to cut her lawn and look after the outdoor plants on the back deck. Susan said that would be great. Susan also said, “Feel free to use the dock, the tennis courts, and the back deck any time.” Late in the summer, Susan returned to find that the dock was badly damaged due to Tommy’s inexpert docking of his family boat, and the net over the tennis court was ripped in half. When Susan asked about the damage, Tommy’s sister Helen said, “Tommy said we could use the dock all we want, and besides, he is just learning to use a boat. The tennis court net was not my fault.” Review Federal Rules of Evidence 801 through 806 in Appendix VI a. Are any of these statements hearsay? Explain. b. Is there a nonhearsay use for any of the statements? Explain. c. What type of documentary evidence might be used in the Rutherford case? Suggested Answer: a. Since Susan is a party, and the statements would be offered against her, her statements to Tommy are not hearsay [Rule 801 (d) (2)]. Tommy could testify as to what she said. However, if Helen testifies, her testimony regarding Susan’s statements would include hearsay within hearsay (Rule 805). She could testify only if both Susan’s and Tommy’s statements were exceptions. Susan’s statement is an exception since she is a party and the statement would be offered against her. Tommy is a party, but the statement would not be offered against him. It might be admissible under the state of mind exception. Helen’s statements that Tommy is learning to use a boat and that the net was not her fault are hearsay if introduced by someone other than Helen. The statements might be admissible if she is unavailable for trial (Rule 804) b. Any of the statements can be used to impeach a witness. c. Student answers will vary for this part. Chapter 16: Rules of Evidence True/False There are four types of witnesses. There are two basic types of evidence. All states have adopted the Federal Rules of Evidence. Actual evidence might include the weapon used in a crime. Judicial notice is sometimes taken when the court believes that the information is common knowledge. Evidence is either direct or circumstantial. An inference is a logical conclusion of a fact that is not supported by direct evidence. Impeachment is the tool used to attack a witness’s credibility. Hearsay is never admissible evidence. Paralegals are not allowed to review physical and tangible evidence. Multiple Choice Which of the following are not types of evidence? judicial notice testimony of a witness exhibits stipulated facts none of the above A lay witness may testify about something he or she heard something he or she saw conclusions of law a and b all of the above Which of the following are types of exhibits? documentary evidence actual evidence demonstrative evidence all of the above none of the above Direct evidence is: always required at trial sometimes required at trial evidence that actually proves a point circumstantial in nature all of the above Evidence is relevant when it clearly proves guilt or innocence it has a tendency to make the existence of any fact of consequence more probable it creates inferences it does not come from hearsay none of the above The most common attributes used to discredit a witness are: personal bias prior inconsistent statements prior convictions character for untruthfulness all of the above Hearsay is only admissible when two or more persons heard the statement the witness is credible the prosecutor asks the court to allow the statements there were no exigent circumstances none of the above Paralegals may: research legal issues research evidentiary issues review evidence analyze discovery all of the above A person is competent to testify when the court says the person is competent the parties agree the attorneys agree a and c none of the above Circumstantial evidence is a form of evidence that is: non-hearsay indirect a logical conclusion a and b all of the above Answer Key 1. False 2. False 3. False 4. True 5. True 6. True 7. True 8. True 9. False 10. False 1.e 2.d 3.d 4.c 5.b 6.e 7.e 8.e 9.e 10.b