Chapter 12 Extra Credit Hypos
Write a concise paragraph responding to each hypo on the reverse or on a separate sheet of paper attached to this one.
1. Defendant (D) is being prosecuted for the murder of Victim (V), who
he is charged with killing over a drug deal. At trial, D offers to have
a friend of V (F) testify that
2. In response to a dispatch call of domestic violence, the police officers
arrive at the scene and find Wife standing out in front of the house,
crying, shaking, and quite upset. She has significant bruises on her face,
neck and arms, and a bleeding cut to the facial area. Before the officers
can ask her what happened, she points to Husband, who is just getting
into the car, and says “Stop him before he gets away. He’s
the one who did this to me.” The police learned that the assault
has just occurred. She proceeds to go into detail about the assault and
her injuries. Husband is arrested and prosecuted for spousal battery.
3. Billy Bob is being prosecuted for infliction of mayhem in a bar fight.
At trial, the DA wants to show that Billy Bob was present at the bar the
night of the fight, and asks the witness Belinda Sue whether she saw Billy
Bob there. She replies “Oh yeah, I’m sure he was there. A
number of people told me they saw him.” The public defender objects
and asks that the answer be stricken (excluded).
4. Jeff Skilling is being prosecuted for passing fraudulent checks. His
case is somewhat delayed and when it finally gets to trial, the bank teller
who originally identified him as the person who attempted to cash the
fraudulent check at her window doesn’t remember his face. When asked
by the US attorney if the defendant is the one who handed her the check,
she replies “Its been a year and I’ve had thousands of customers
since then. I really don’t know.” The government proposes
to put on the FBI agent who showed her the photo line-up shortly after
the incident to testify that the defendant is in fact the one she picked
out of the line-up then.