(Solved by Humans)-A girl is kidnapped. She is returned to her parents two weeks

Question

?A girl is kidnapped. She is returned to her parents two weeks later. Four days pass, and when she sees a dog like the kidnapper had, she says, ?That?s a puppy just like the bad man had. His dog was white and fluffy, too. Mommy, mommy, is that the bad man?s house?? Can the mother testify to the child?s statement?? Explain.

Criminal Evidence Short Answer Scenarios
Fully answer the question posed at the end of each scenario and utilize necessary analysis and
authority (case law, substantive law, rules of evidence, etc.) to support your answers.
1.

A girl is kidnapped. She is returned to her parents two weeks later. Four days pass, and when
she sees a dog like the kidnapper had, she says, ?That?s a puppy just like the bad man had. His
dog was white and fluffy, too. Mommy, mommy, is that the bad man?s house?? Can the mother
testify to the child?s statement? Explain.

1.

A couple witnesses an auto accident. The couple gives a statement to the officer, and then half
an hour later, the wife states, ?You know, now that I think about it, the motorcyclist never
swerved to avoid the accident. He seemed to drive right into the pile.? Can the husband testify
to the wife?s statement? Explain.

2.

A man is at the doctor?s office seeking treatment for a broken leg. He tells the doctor he got the
injury ?during a fight at the Laughing Walrus bar when some guy insulted my wife.? Can the
doctor testify to the man?s statement at trial? Explain.


Yes, the doctor can testify to the man?s statement at trial according to Rule 803 (4). The
guy explained to the doctor how he received his broken leg from a man at the bar after he
insulted his wife. His statement was made for the purpose of treatment or medical
diagnosis.

3.

The defendant, Pete, is on trial for destruction of city property. The defendant brags to his
buddy in the bar shortly after the alleged incident occurred, ?Hey, I just cut the head off some
parking meters.? His buddy is called to testify to the statement. Is the statement hearsay?
Explain

4.

Matt is accused of beating up his wife, Jackie. Jackie made a 911 call and stated her husband
had hit her in the face and threatened to kill her. She also made several statements to officers
when they responded to the 911 call. First, when she opened the door, she stated, ?Oh, thank
goodness you?re here. I am afraid my husband is going to kill me.? The husband is not in the
house. She then writes out a written statement about the incident. Jackie fails to show up for
trial. Can the prosecutor introduce a transcript of the 911 call, can he introduce the statements
Jackie made to the police when they first arrived at the house, and can he introduce a copy of
her written statement? Explain.

6.

Wanda runs into her doctor at a cocktail party. She asks him whether she should be placing any
weight on her foot she injured when her husband got in a fight with her yesterday. Can the
doctor testify to her statement if Wanda does not testify at her husband?s domestic
violence
trial? Explain.

7. Anne and her husband are driving and stopped at an intersection. A truck runs a red light and
crashes into the car ahead of them. Anne turns to her husband and says, ?I can?t believe

Criminal Evidence Short Answer Scenarios
Fully answer the question posed at the end of each scenario and utilize necessary analysis and
authority (case law, substantive law, rules of evidence, etc.) to support your answers.
that car
testify as to her

8.

just ran a red light.? Assume Anne is sick and cannot testify. Can the husband
statement under some exception to the hearsay rule? Explain

Susie is a domestic violence victim. She tells her friend shortly after the incident that her
husband had smacked her and attempted to strangle her. The police then show up and
question Susie. She tells them what happened. At trial, Susie does not show up to testify.
The prosecutor attempts to introduce both the neighbor?s testimony and the officers?
testimony about what Susie said. Will either witness be allowed to testify as to Susie?s
statements?
Explain.

9.
exclude

Officers obtain a warrant to search Daniel?s house for evidence of burglaries. The officers find
all sorts of evidence related to the burglaries at Daniel?s house. The court eventually throws
out the warrant as lacking in particularity and probable cause. Should the judge also
evidence seized under the warrant? Explain.

10.

Mabel is charged with conspiracy to commit fraud. A listening device is installed in her
vehicle and house. Conversations are recorded between her and one of her co-conspirators
which implicates her in the plot. She then moves to suppress the statements on the ground
the use of the listening device violated her right to counsel. Is she correct? Explain.

11.

Explain whether the following suggestive identification procedure would be admissible using
the five factor test from Neil v. Biggers. Joan witnesses a robbery of a 7-11. The suspect is
described as heavyset, Hispanic male wearing a red jacket and a bandanna. Fifteen minutes
later, the police identify a possible suspect in the area. He is wearing a red jacket. He is a
heavyset Hispanic male. He is much shorter than the woman?s description. They bring him
back to the 7-11 where Joan is still talking to another officer. They tell Joan they found the
man hiding behind some garbage dumpsters a couple blocks away. They ask her if this is the
man who robbed the 7-11. She says yes. She thinks that it is the same man. Joan was at
the back of the store when the robbery happened. The robbery took about 30 seconds. The
man?s face was partially covered by the bandana at the time of the robbery.

12. Joseph and Matt are charged with burglary and theft. Matt tells the police the plan was
concocted by Joseph and that Joseph set everything up. Can Matt?s confession be used
against Joseph if the two are tried together? Explain. What are two options that the
prosecution could use if it wants to use Matt?s confession against Joseph?