1. Sue is prosecuting a defendant, John Chase, for raping his daughter for several years. On one occasion, the allegation is that he raped her when she was home in November of 2008 when there was a snow day. The child remembered that there was a major snow storm and that school was closed, but she can't remember what the date was. She remembers that it was the first snow of the year, and it was strange because it rarely ever snowed in November. Sue contacts the local weather station and finds the information. She knows the date, as there was only one date during that month when there was a snow storm. The weather station has the information regarding the storm. The station indicated that there was only one storm during the whole month, and it was on the night of November 28th to the morning of November 29th, so everything was closed on the 29th. The meteorologist writes up a report with the weather information indicating that it was the only storm, and it was a really bad one, with all of the information regarding accumulations. Sue wants both the meteorologist to testify at trial to put the report into evidence. The day before trial, the meteorologist has a heart attack, he ends up in the hospital, and the station indicates there is no one else who can testify. The judge will not adjourn the case to allow the D.A. to call another witness at a later date regarding the issue of the weather, and the DA needs a meteorologist. Review what you learned in this chapter. There is a simple solution. You are the prosecutor. What will you ask the judge to do? What will the defense attorney say in response to your request? What will the decision of the court be regarding your request? Why? (6 points) 2. Who has the burden of proof to prove the defendant was insane at the time the crime was committed? Why? Explain your response. (3 points) 3. Tom is on trial for rape. He is accused of raping his former girlfriend when they were in a relationship. Tom's defense is that she consented to the sex. A rape kit was done, and DNA was found. The DNA report indicates it is 99.9% certain it is Tom's DNA. You are Tom's attorney. You have a jury seated and the trial is underway. The prosecutor has several witnesses on the witness list that will help move the DNA evidence into evidence. These include the Nurse Practitioner who did the rape kit at the hospital, the officer who took the rape kit from the nurse and brought it to the lab, the lab technicians who handled the kit, and the scientist who unsealed and tested it. The prosecutor is new and wants to ensure he doesn't miss any witnesses! The judge looks at the list and asks the defense attorney if he will stipulate to the DNA report coming into evidence. If so, several witnesses can be taken off the list and the DNA report from the lab will be accepted as evidence, and the jury will be able to see the results. This will require the defense attorney to not object to the DNA and to indicate the evidence is what it says it is, and that the defendant's DNA was found. As the defense attorney, what is the best course of action for you to take, taking into account your defense in this case? (5 points) 4. If you are on the Porco jury, what are the 3 most important pieces of evidence you would use in making your decision? Why? Explain each piece of evidence. Would the mother's head nod play a role in your decision? Why? (6 points)