Essay on "Law and Evidence"

Quoted Instructions for "Law and Evidence" Assignment:

Please read each question carefully.

1. John Walker was arrested for Driving under the Influence of Intoxicating Liquor, drugs or both. You are a criminal defense lawyer and he consults you regarding representing him in court. He tells you that the week before your meeting with him, he was summoned to a hearing at the Department of Motor Vehicles to suspend his license. He tells you that he represented himself at the hearing, and he believes the hearing officer made several erroneous decisions that resulted in his license being suspended. He wants you to appeal the decision. He then pointed out the following perceived errors.

First, the hearing officer admitted the investigating police officers report, which Walker believed contained hearsay evidence that cannot be admitted in a judicial proceeding. The police report did contain a statement by a witness who told the police officer that Walker turned to him after the accident and said, *****Man I*****m really drunk, I should never have driven this car tonight.*****

Walker*****s second complaint to you is that there was no way the hearing officer could conclude at the end of the hearing that the evidence proved beyond a reasonable doubt that he was drunk.

Explain to Walker whether or not the issues he identified would likely result in the hearing officers rulings be overturned

Select the best answer and write the letter of your response on the line provided.

4. In order for Evidence to be admitted it must meet a three- part test. Identify the three elements of the test and provide a brief explanation of each element.

5. Meghan Meehan graduated from the University of New Haven with a degree in Forensic Science 10 years ago. After she graduated she was hired to work at by the Connecticut State Police Forensic laboratory in the firearms section. When she began working at the laboratory she received on the job training in firearms identification consisting of working closely with a well- respected firearms examiner. Since that time she has conducted over 2,000 identifications of evidence relating to firearms, and has testified in well over 800 criminal trials regarding her comparisons. She is also an adjunct professor at the University of New Haven in the Forensic Science Graduate program.

She is called to court to testify in the case of State v. Jones, regarding ballistic evidence comparison she conducted in the case. Jones was found to be in possession of a .38 caliber handgun that Ms. Meehan compared to a bullet removed from shooting victim Sneade*****s head. She testified that beyond any doubt the bullet removed from Sneade*****s head was fired from the gun of Jones. The defense attorney objects to the testimony of Meehan because she is not qualified to offer such a conclusion.

You are the prosecutor how will you respond to this objection?

6. During the course of Meehan*****s testimony in the above mentioned case she also testifies regarding the method she used to identify the bullet removed from Sneades***** head and compared to the bullet. She explained that the Connecticut Forensic laboratory has developed a new machine to aid forensic scientists in the identification of ballistic evidence. The machine is named Ballistics and tool mark Identifier. The machine is currently being used in 10 forensic laboratories throughout the United States.

The defense attorney objects to the introduction of the results of the comparison by this relatively new technology.

You are the prosecutor, and you intend on showing the reliability of this machine. You have met with Ms. Meehan prior to trial and have received information from her regarding this relatively new technology. What will you need to demonstrate to show that the court should accept the test results of the new machine? Describe the test and apply any facts to support the machines admissibility.

7. You are a criminal defense attorney and a new associate of your firm, Jack Adams comes to you for advice. He is representing Joe Smith who is on trial for sexual assault of Sally Jones. Adams discovered that the victim, Sally Jones is a well-known prostitute in the New Haven, Connecticut. Joe Smith told Adams that he did engage in a sexual act with the victim, but that it was consensual, and that the victim agreed to engage in the act with him, after he provided her with cocaine.

The medical records that the prosecution provided to Adams showed that cocaine was found in the victim*****s blood, and a sexual assault kit showed that there was a mixture of DNA found on the victim*****s underwear. One DNA profile was identified as that of the defendant Joe Smith, the other DNA profile recovered from the underwear was not identified. Adams asks you whether or not he will be able to introduce evidence that Sally Jones is a prostitute, and how he can get that evidence admitted at trial. Advise Adams if he can get the evidence admitted, and what Federal Rule of Evidence applies to such evidence.

8. Sam Adams and his wife and two children were driving on I-95 southbound hearing toward New York, everyone in the care except Sam was wearing their seatbelt. John King entered I-95 Southbound heading north, causing his car to collide with Adam*****s vehicle. Sam Adams is ejected and suffered a traumatic injury when the car landed on his lower body. When Trooper Jones arrived with other emergency personnel they move Adams***** family away from the car and try to get the car off of Sam. Sam looks up at him in extreme pain, and Jones tells him, *****Do you realize you are about to die, and have little hope of recovery? I have to know now what happened? Adams replies, *****If that*****s the case get my wife and kids over here now, and did you know that guy was driving the wrong way? Before Adams***** wife and kids come over to where Sam is lying, Sam dies.

Sam Adams***** wife files a wrongful death suit against John King and during the trial Trooper Jones is called to the stand to testify. The attorney for the Adams family asks Trooper Jones, *****Did Sam tell you anything before he died?***** The defense attorney yells out, *****Objection.***** What is the basis for the objection, and will Trooper Jones be able to testify to what Adams said before he died? Answer fully.

9. Robert Mullberger gets into a taxicab and points a .357 caliber handgun at the driver and says, *****Your money or your life.***** The cabdriver gave him $150, the total proceeds of his earnings, and Mullberger gets out and walks away. The police responded to the robbery call using lights and sirens. When the officer spoke to the cabdriver, the cabdriver described the suspect as a white male 6*****9***** tall, thin build, wearing a flowered shirt and blue jeans. The officer immediately put the broadcast out over the police radio.

Mullberger at this time was four blocks from the robbery and heard the police sirens and panicked. He cut through the Lincoln Elementary School yard and hid the gun and money stolen from the cabdriver behind some bushes. He was less than a block away from the schoolyard when Police Officers, Eddy Mahoney and Sam Goody see him. They stop Mullberger and call for backup, and tell the officer investigating the robbery to bring the victim to their location. When the cabdriver arrives he positively identified Mullberger as the person who robbed him.

Mullberger is then promptly placed in handcuffs and placed into the rear seat of the police car, and the doors are promptly locked. The cruiser also has a cage separating the front and backseat. Police Captain Pete Frampton arrives on scene and congratulates Officer Mahoney and Officer Goody for doing a good job apprehending Mullberger. Captain Frampton then instructs them to drive Mullberger to the detective division and says, *****Whatever you do, DO NOT say anything to him about the robbery.*****

They get in their patrol car and Mahoney turns to Goody and says, *****You know Goody, between here and where the robbery happened there is an elementary school, I hope that none of those kids gets their hands on the gun and hurts themselves.***** Before Goody replied to Mahoney, Mullberger says, *****Okay copper I*****ll show you where I dumped it, take me to the schoolyard.***** Mullberger then takes them to where he dumped the gun and money.

Prior to trial Mullberger*****s lawyer files a motion to suppress the statement made by Mullberger claiming the statement taken from Mullberger was a violation of his Constitutional Rights. You are the prosecutor how will you respond to the argument, and what is the likely result?

10. You are the prosecutor trying to convict Mullberger for the robbery of the cabdriver. While you are preparing the case, you learn of three prior robbery cases that involved other cabdrivers. The method used by the perpetrator included the same types of incidents as described. The cabdrivers were all called by an anonymous person to meet at them at same location Mullberger met the cabdriver on the day he was arrested. The perpetrator used the same type of gun used by Mullberger, and the perpetrator used the same words, *****Your money or your life***** when the robbery was committed. The problem is the other cabdrivers (three different cabdrivers) could not positively identify Mullberger.

You have the police charge Mullberger with the three other robberies, and you intend to use the evidence of the prior robbery against Mullberger to prove that he committed the three unsolved robberies.

What is the likelihood that you will be allowed to introduce the evidence from the case where he was arrested by Mahoney and Goody? Explain your answer fully.

11. A local grocery store is robbed at gunpoint. The perpetrator is clearly seen on the store*****s video surveillance camera entering the store wearing a ski mask and carrying a shotgun. As he is leaving the store he takes the mask off right in front of the camera and when Officer Jones looks at the video he recognized the perpetrator as Tom Jones. The videotape is entered into evidence and Jones is arrested. At his trial Jones objects to the showing of the videotape as a violation of his 5th, 6th, and 14th Amendment rights. Jones also claims that the videotape cannot be used because of chain of custody issues. Will the tape be allowed into evidence? Explain fully.

please folow this format to write the paper

Issue- What evidentiary issue is presented.

What is the Rule that applies to the issue presented.

Applicability-Explain how the rule and/or exception applies to the facts presented.

Your conclusion as to whether/not the evidence is admissible.

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