Evidence 2020 Coursework Hypos and Answers Problems 3.15-3.16 PDF

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Lecture and Hypo/Answers for Problems 3.15 - 3.16...

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Evidence 2020 Coursework Hypos and Answers Problems 3.15-3.16

1) Problem 3.15 a) FACTS: i) D on trial for killing Vic in a drive-by shooting ii) During D’s direct, she testifies that she “wouldn’t shoot anybody” iii)Can pros cross her and ask her if she’s shot at other people before b) THOUGHTS: i) Yes, I think so (1)Under 404(a)(2)(A) it seems that if D testified as to the fact that she wouldn’t shoot anybody the Pros should be able to rebut that testimony in cross examination (2)405 – cross examination; specific acts (a)Coming in as a limited purpose – challenging the character witness as D as her own character witness Character of Victim 2) Problem 3.16 a) FACTS: i) D is charged with shooting and paralyzing Vic; D claims self defense ii) During the trial, Vic sees D’s brother and shouts to his friends to “remember the brother’s face” iii)D/co wants to introduce evidence as to the Vic violent nature b) THOUGHTS: i) 404 – admissible; D allowed to put into evidence the Vic character trait (1)405 – inadmissible because it wasn’t pros on cross examination (a)Another way it could get in (i) If the Vic testifies as to the Vic’s peaceful manner

(ii)Could show that the Vic is bias – impeachment...