I'M NOT ASKING FOR YOU GUYS TO DO MY HOMEWORK. I re-edited my post based on the first persons response below. I am simply asking if you agree with my decision on admitting the evidence based on admissions and implied admissions. Or, if you simply disagree, please help me understand why.
This is my FIRST essay on hearsay evidence, and hearsay is confusing to me! Well, not hearsay, but the exceptions!
Here are the elements:
Victim: Tom Goodguy
Suspect: Harry Nasty
Facts: Harry comes up to Tom and says, "I hate your guts and if you don't et out of my sight immediately, I am going to take you apart." Tom replied, "Harry, I'm not sure why you have it in for me, but I can only guess it is because I'm dating Pricilla Pretty, your former girlfriend and you can't stand seeing her with anyone else. Besides, I don't like you either, because of the way you treated her." Harry then tells Tom, "That has nothing to do with it. I hate you because you're ugly and you always get high scores on your tests and raise the curve for everyone else in the class and I am going to make it tough on you, if you dont stay out of my sight." The entire conversation was overheard by Willie Nosey. Later that same day, Tom comes out to the student parking lot and finds that all 4 of his tires have been slashed. He immediately calls campus security. Officer Constable asked Tom if he had any idea who might have slashed his tires. Tom told Officer Constable the only person he knew who had any reason to do something like that was Harry and told Officer Constable the argument that had took place between the two earlier in the day and that he knew Willie had witnessed the whole thing. Officer Constable proceeded to admissions, found out Harry's class schedule, went to Harry's class, and stopped Harry as soon as class was let out. Officer Constable said he needed to speak to harry about an incident with Tom's car. Just then, Justin Time, another student in the class came up to them and said in a very loud voice, "Harry, I know you slashed the tires on Tom's car, because I heard you tell your friend Paul, you were going down to the parking lot to see if you could find Tom's car and if you could find it, you were going to 'cut it up'." Harry did not say anything in response to Justin's accusation. As soon as Officer Constable heard Justin's remark, he told Harry he was not free to leave, and that he needed to be questioned, and then informed Harry of his Miranda rights. Now, Harry says he won't say anything until he had an opportunity to speak to his lawyer.
AT TRIAL, D.A. Harriet Hardball seeks to introduce the following evidence: 1. the testimony of Tom about what Harry had said in their argument. 2. the testimony of Willie about what he overheard during the argument. 3. the testimony of Officer Constable about what Justin had said and that Harry had remained silent and 4. that Harry refused to talk with Constable when Constable detained him. Harry's defense attorney, Ken Technical, objects to each of these pieces of evidence being introduced.
On what grounds can defense, Ken Technical, object? What are the reponses the DA can make? What is the ruling on the admissibility of each evidence?
Basically, I decided that everything that the DA is introducing is hearsay, because there was no circumstantial evidence being introduced. Now, I'm having a problem determing the EXCEPTION TO HEARSAY. The only one I found was the "Admissions Exception" which involves the admission made by the accused. I also thought number 4 would be "IMPLIED ADMISSIONS" because Harry remained silent in the face of a charge to which a person would normally respond were it untrue.
Help?
This is my FIRST essay on hearsay evidence, and hearsay is confusing to me! Well, not hearsay, but the exceptions!
Here are the elements:
Victim: Tom Goodguy
Suspect: Harry Nasty
Facts: Harry comes up to Tom and says, "I hate your guts and if you don't et out of my sight immediately, I am going to take you apart." Tom replied, "Harry, I'm not sure why you have it in for me, but I can only guess it is because I'm dating Pricilla Pretty, your former girlfriend and you can't stand seeing her with anyone else. Besides, I don't like you either, because of the way you treated her." Harry then tells Tom, "That has nothing to do with it. I hate you because you're ugly and you always get high scores on your tests and raise the curve for everyone else in the class and I am going to make it tough on you, if you dont stay out of my sight." The entire conversation was overheard by Willie Nosey. Later that same day, Tom comes out to the student parking lot and finds that all 4 of his tires have been slashed. He immediately calls campus security. Officer Constable asked Tom if he had any idea who might have slashed his tires. Tom told Officer Constable the only person he knew who had any reason to do something like that was Harry and told Officer Constable the argument that had took place between the two earlier in the day and that he knew Willie had witnessed the whole thing. Officer Constable proceeded to admissions, found out Harry's class schedule, went to Harry's class, and stopped Harry as soon as class was let out. Officer Constable said he needed to speak to harry about an incident with Tom's car. Just then, Justin Time, another student in the class came up to them and said in a very loud voice, "Harry, I know you slashed the tires on Tom's car, because I heard you tell your friend Paul, you were going down to the parking lot to see if you could find Tom's car and if you could find it, you were going to 'cut it up'." Harry did not say anything in response to Justin's accusation. As soon as Officer Constable heard Justin's remark, he told Harry he was not free to leave, and that he needed to be questioned, and then informed Harry of his Miranda rights. Now, Harry says he won't say anything until he had an opportunity to speak to his lawyer.
AT TRIAL, D.A. Harriet Hardball seeks to introduce the following evidence: 1. the testimony of Tom about what Harry had said in their argument. 2. the testimony of Willie about what he overheard during the argument. 3. the testimony of Officer Constable about what Justin had said and that Harry had remained silent and 4. that Harry refused to talk with Constable when Constable detained him. Harry's defense attorney, Ken Technical, objects to each of these pieces of evidence being introduced.
On what grounds can defense, Ken Technical, object? What are the reponses the DA can make? What is the ruling on the admissibility of each evidence?
Basically, I decided that everything that the DA is introducing is hearsay, because there was no circumstantial evidence being introduced. Now, I'm having a problem determing the EXCEPTION TO HEARSAY. The only one I found was the "Admissions Exception" which involves the admission made by the accused. I also thought number 4 would be "IMPLIED ADMISSIONS" because Harry remained silent in the face of a charge to which a person would normally respond were it untrue.
Help?
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