What is the strongest possible objection to the testimony that the defense can make to keep the testimony out of court?

Directions:
1. You are to fully answer each question below using IRAC Format. For each question below you will do the following:

I: State the issue (i.e. the question being asked)

R: State the rule that applies to the question being asked

A: Analyze. Apply the facts from the hypothetical to the rule to completely
analyze and answer the issue. This is the WHY of your answer.

C: Conclude. State your answer to the issue. This is the straight forward
answer.

2. There is a 4 page limit.
3. Proof read your assignment before submitting!!
4. You must include a cover page, a reference page and a short cite to your rule when you state the applicable rule for each question.
5. To submit, click “Written Assignment #1 Submissions” within Moodle. Your paper will automatically be submitted into TurnItIn.com. Please do your own work. If you have any questions, please email. CHECK YOUR Similarity Index!!
Hypothetical #1

During the trial, one of the jurors formed the conclusion that the defendant was guilty because she did not like his facial expressions. In deliberations, she did not consider any of the problems in the case discussed by the other jurors, but simply and consistently voted guilty. Ultimately, in order to get deliberations completed, and because the other jurors thought the defendant was probably guilty, they all voted to convict.

1. What is the likely outcome on a motion for a new trial?

2. Does this fact pattern rise to the level of any juror misconduct discussed in Chapter 5 section 5.6 or any of the cases discussed in Chapter 5? Why or why not?

3. Does this fact pattern involve any type of juror misconduct discussed in Chapter 5? Why or why not?

Hypothetical #2

In a trial for arson, the prosecution attempted to show that the accused had a political motive to burn down the Democratic headquarters. The prosecution introduced several witnesses who believed the defendant to be a staunch Republican, however none of these witnesses had spoken directly to the Defendant about his political beliefs. They had heard about those beliefs, however, which were widely discussed in the otherwise liberal community.

4. What is the strongest possible objection to the testimony that the defense can make to keep the testimony out of court? Specifically state the FRE that applies when you answer the question.

5. Are the prosecution’s witnesses competent to testify about the defendant’s political beliefs? Why or why not?