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    Rules of Evidence Case Study Analysis

    Number of Pages: 3

     

    Summary of the research paper:

    This 3 page paper examines a case submitted by a student. Rules of evidence are applied. Also discussed is the relevance of using expert witnesses. Bibliography lists 3 sources.

    Name of Research Paper File: RT13_SA636law.rtf

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    Unformatted Sample Text from the Research Paper:
    the burglar but because he was dying, a hearing was held in the hospital. The victim, who passed away prior to the trial date, would identify the burglar in the  hospital room during this preliminary hearing. There is a problem in that the witness who clearly identified the suspect as the perpetrator died prior to trial. Yet, because of the  situation, the preliminary hearing was conducted in time, and whether or not the identification will be allowed as evidence when the trial ensues is up to the judge. One case,  Ohio v. Roberts, held that "the introduction in evidence at respondents trial ... preliminary hearing testimony was constitutionally permissible" ("Supreme Court," 1980). It is explained that when a "hearsay declarant"  does not appear at trial, and the defense has no opportunity for cross-examination, the Confrontation Clause normally must show that the individual is unavailable ("Supreme Court," 1980). Clearly, because in  this case the victim passed away, he is unavailable. Hence, even though the defense does not have the opportunity for cross examination, the identification will likely be admitted into evidence.  In some cases, however, this type of evidence will be excluded ("Supreme Court," 1980). Certainly, the defense attorney will try to exclude the testimony but it is likely that the  judge will let it in. One point is that if by the time the trial rolls around, the robberies and murders stop, the prosecutor may argue that they do indeed  have the right individual. Of course, this is not evidence, but when the prosecutor makes an argument, he might use that point as he creates a series if logical conclusions.  As part of the case, it is noted that ballistic fingerprints were available but no murder weapon was found. Yet, would the prosecutor be able to charge the defendant with 

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