Evidence Essay

Evidence Midterm

D dating D’s sister B.

Is evidence of D dating D’s sister B relevant? Evidence is relevant if it is both material and probative. D dating B is relevant because it shows that V and D both knew each other before the fight, and circumstantially, could establish a motive. The objection will likely be overruled.

Is this evidence unfairly prejudicial to D? Evidence is excluded if its probative value is substantially outweighed by the danger of unfair prejudice, or by confusing or misleading the jury. Evidence that D was dating B will not confuse the jury and will not substantially outweigh the danger of unfair prejudice. The judge will likely permit this evidence to come in.

“V come out here right now, you dog.” (D’s statement)

Is D’s statement, “come out here right now, you dog,” relevant? Evidence is relevant if it is both material and probative. This evidence is material since it goes to show that V and D having conversations only 2 days before the fight. The statement is also probative because it shows that V and D were not getting along 2 days before the fight. The objection that this statement is not relevant will likely be overruled.

Is the evidence hearsay? Hearsay is an out of court statement introduced to prove the matter asserted. Here, there is a statement, “come out here right now, you dog,” made outside of court, and being brought in to prove that V and D were having a confrontation 2 days before the fight. Similarly, the matter being asserted is that V and D had reason to be mad at each other 2 days before the fight. The objection to this evidence being hearsay will likely be sustained.

D’s slashing motion across his throat at V.

Is D’s slashing motion at V relevant? Evidence is relevant if it is both material and probative. This evidence is material since it goes to show that V and D were angry with each other just a few days before the fight. The motion is also probative because it shows that V and D were not getting along 2 days before the fight. The objection that this motion is not relevant will likely be overruled.

Is the slashing motion evidence hearsay? Hearsay is an out of court written or verbal or non verbal conduct introduced to prove the matter asserted. Here, the statement is the slashing motion. A statement can be nonverbal conduct. This motion was made outside of court, and being brought in to prove that V and D were having a confrontation 2 days before the fight and D wanted to slash V’s throat. Similarly, the matter being asserted is that V and D had reason to be mad at each other 2 days before the fight. The objection to this evidence being hearsay will likely be sustained.

D’s non-response to his mother asking why he did it.

Is D’s non-responsiveness relevant? Evidence is relevant if it is both material and probative. This evidence is material since it goes to show that D did not deny doing “it.” The silence is also probative because normally, most people would defend themselves & say they did not do something if they had not done it. The objection that this motion is not relevant will likely be overruled.

Is D’s non-response hearsay? Hearsay is an out of court written or verbal or non verbal conduct introduced to prove the matter asserted. Here, the statement is D’s silence when his mother asks him, “why did you do it.” A statement can be silence. This silence was made outside of court and during his arrest, and being brought in to prove D was admitting he had killed V by not objecting to his mother. Similarly, the matter being asserted is that D killed V. Under rule 801(d)(2)(b), if the declarant heard and understood the question, was at liberty to answer, and the circumstance called for a response but the declarant failed to, then the evidence is admissible. Here, D was being arrested at the time of the non-response, so he may have been protecting his constitutional rights by not answering, thus calling the last two requirements of the rule into question. Like most people being hauled off to jail, D probably felt uncomfortable spilling the details of what just happened. The objection to this evidence being hearsay will likely be sustained.

D’s testimony that V was the aggressor.

Is D’s testimony that V was the aggressor relevant? Evidence is relevant if it is both material and probative. This evidence is material since it goes to show that D was acting in self-defense. The motion is also probative because it can show that D is telling the truth about having to use