Chapter 9 Extra Credit Hypos

Chapter 9 Extra Credit Hypos

Exam of Witnesses

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Write a concise paragraph responding to each hypo on the reverse or on a separate sheet of paper attached to this one.

Hypo #1
While testifying, Officer Able is asked what items were seized when a search warrant was served at the defendant's house. He states that he does not remember, but a list was made at the time. He is asked if referring to the report would help him remember, and he states that the list is too long for him to recall the entire list. The DA asks if Officer Able can simply read the list of items to the jury, and then give them the written list to use in their deliberations.

Should the judge allow this or not? Why?

Hypo #2
Smith and Wesson are arrested for robbery. After discussions with the DA, Smith agrees to testify against Wesson in return for an agreement by the DA to allow Smith to plead to a lesser offense for a reduced sentence. At trial, the defense attorney attempts to ask Smith about this plea arrangement on cross exam, but the DA objects that it is irrelevant.

Should the judge allow this line of questioning or not? Why?

Hypo #3
Vic DaVictim testifies at trial that Debra Defendant stole his automobile. During her case, Debra intends to put on a friend of hers who will say that he has known the victim for 3 years and he has always had a reputation as a liar.

Should the judge allow the friend's testimony or not? Why?

Hypo #4
​Charles Magoo is called as an eye witness to a hit and run accident, and testifies that he saw the defendant driving just prior to the accident. On cross examination, the defense proposes to ask him about a prior embezzlement conviction from 1995 for which he spent 18 months in custody.

Should the judge allow the prior to come in or not? Why?