Author Topic: Opening Arguments #TTTBE  (Read 13301 times)

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Offline Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #90 on: May 08, 2018, 11:17:26 AM »
Hmm.  Well, this is a poser.
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Offline Redamare

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Re: Opening Arguments #TTTBE
« Reply #91 on: May 15, 2018, 07:06:29 AM »
Got the honorable mention for my answer this week
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Re: Opening Arguments #TTTBE
« Reply #92 on: May 19, 2018, 02:49:13 AM »
Quote from: New TTTBE Question
A defendant was charged with burglary.  At trial, a police officer testified that after the defendant had been arrested and had agreed to answer questions the officer had interrogated him with a stenographer present, but that the officer could not recall what the defendant had said.  The prosecutor presented the officer with a photocopy of the stenographic transcript of the interrogation.  After looking at it the officer began to testify that he recalled that the defendant had admitted to being in the area of the burglary.  The defendant had objected to the officer's testimony on the grounds that it violates the Original Document Rule, also known as the Best Evidence Rule.  Should the officer's testimony concerning the defendant's recorded confession be admitted?

A.  No.  Because a photocopy cannot be used without showing that the original is unavailable.

B.  No.  Because the stenographer has not testified to the accuracy of the transcript.

C.  Yes.  Because a photocopy is a duplicate of the original.

D.  Yes.  Because the prosecutor is not attempting to prove the contents of the document.

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Re: Opening Arguments #TTTBE
« Reply #93 on: May 19, 2018, 03:10:58 AM »
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Offline Redamare

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Re: Opening Arguments #TTTBE
« Reply #94 on: May 19, 2018, 04:41:08 AM »
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Certainty is the enemy of wisdom.

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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #95 on: May 19, 2018, 08:45:52 AM »
I would go with D.  I agree that you need to go with the best source, but what is tripping me up is how that is determined according to the rules of evidence.
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Offline Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #96 on: May 21, 2018, 06:55:35 PM »
I guess I will agree that
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Offline Fast Eddie B

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Re: Opening Arguments #TTTBE
« Reply #97 on: May 21, 2018, 09:19:41 PM »
Officers often have to testify on traffic tickets they may not specifically recall. It is permissible for the officer to refresh his memory from notes he wrote on the ticket, which conscientious officers are trained to do.

Since they write hundreds of tickets, it’s not reasonable to expect them to remember the details of each one without notes.

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Re: Opening Arguments #TTTBE
« Reply #98 on: May 21, 2018, 10:53:45 PM »
I don't think the question comes down to whether police can refresh their memories with written documents while testifying. I think it comes down to whether or not the best evidence rule applies to what they are using. Do their notes have to be properly entered into evidence in order to read them while on the stand? If so, then the rule may apply and a copy may not be appropriate.

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Re: Opening Arguments #TTTBE
« Reply #99 on: May 25, 2018, 05:24:22 AM »
Quote from: New TTTBE Question
A state legislature passed a statute providing that juries in criminal trials were to consist of six jurors rather than twelve and that jury verdicts did not have to be unanimous but could be based on five votes out of six jurors.  A defendant was tried for murder.  Over his objection he was tried by a jury composed of six jurors.  The jurors found him guilty by a vote of five to one and over the defendant's objection, the court entered a judgement of conviction which was affirmed on appeal by the state's highest court.  The defendant seeks to overturn his conviction in a Habeas Corpus proceeding in federal court, claiming that the trial court violated his constitutional rights by allowing both a non-unanimous jury verdict and a jury composed of fewer than twelve members.  How is the federal court likely to rule in this action?

A.  It will set aside the conviction because the jury was composed of fewer than twelve members.

B.  It will set aside the conviction because the six person jury verdict was not unanimous.

C.  It will set aside the conviction both because the jury was comprised of fewer than twelve members and because the six person jury verdict was not unanimous.

D.  It will uphold the conviction.

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Re: Opening Arguments #TTTBE
« Reply #100 on: May 25, 2018, 05:29:19 AM »
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Re: Opening Arguments #TTTBE
« Reply #101 on: May 25, 2018, 05:34:16 AM »
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« Last Edit: May 26, 2018, 01:20:05 PM by Eternally Learning »

Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #102 on: May 25, 2018, 08:11:29 AM »
Constitutional law eh?  I think the answer is B.

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« Last Edit: May 25, 2018, 08:14:39 AM by PANTS! »
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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #103 on: May 29, 2018, 10:16:13 AM »
The answer was B, but not for the reasons I thought.
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Offline Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #104 on: May 29, 2018, 01:14:58 PM »
I would have said C.  Interesting.
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