Analyzing Testimony: Alice Jones (Witness for the Defense)

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Believe it or not, that concludes the prosecution's case. (After all, this is a textbook exercise.) However, before moving on to the witnesses for the defense, now might be a good time to pause and reflect on what you have heard so far. No need to post a response, but in your head, perhaps consider: What evidence have you collected so far that could prove Mary's guilt of second degree murder? Keep track: you'll need it.

Remember, second degree murder--the crime she is charged with--requires proof ofintent(without premeditation),making a conscious decisionto commit the crime, andawareness of the consequencesof her actions. Is the evidence true, is the source of the information reliable and credible enough to be trustworthy? Is there enough evidence? Is the evidence "tainted" due to bias?

Take inventory of what you know, what you don't know, and what you still need to know. Remain open-minded though as new information emerges in the case. And remember that, even if you think you've decided on a verdict (you shouldn't have), in your argumentative essay, you will have to fairly summarize opposing points of view in order to refute them.

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Okay,nowlet's review testimony from the witnesses for the defense.

ALICE JONES:I have known the defendant, Mary Barnett, for over eight years. She is a verysweet and decent woman, and a wonderful mother. Being a single parent isn't easy, and Mary hasdone as good a job as she could. But shortly after Alison's birth, Mary got depressed. Then herfianc, Tim Stewart, was transferred to California. He's a navy engine mechanic. She starteddrinking to overcome her depression, but this just made things worse. She began to feel trapped inher apartment with little help raising the baby and few contacts with her family or friends. As herdepression deepened, she clung more closely to Tim, who as a result became more distant and put offtheir wedding, which caused her to feel increasingly anxious and desperate. She felt that she had togo to California to get things straightened out, and by the time she reached that point I think she hadlost touch with reality. I honestly don't think she realized that she was leaving Alison unattended.She loved her so much.

Assignment:

1. Post comments that evaluate the testimony of each witness by statingwhat evidenceis provided,how truethe evidence presented is (in your opinion) andhow crediblethe witness is (in your opinion). You may note any additional concerns or questions or key pieces of evidence that you think we should be aware of. Or perhaps state how this testimony might be useful (or not).

2. List any follow-up questions you would ask this witness on cross-examination.

Then, comment on at least two other posts. You might state whether or not you agree with someone else (and why) or any other thoughts you have that were inspired by the original post.

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As before, you might think of your initial post as recording yourfirst impressionof the witness, but remain open minded;as new facts emerge, we incorporate them into our knowledge base, and re-evaluate what we know, perhaps revising or strengthening our "working theory" of the case.

You may (and probably should) come back and comment on your own post if your first impression has changed.Statewhat changedandwhy. That way, you'll be documenting the evolution of your own reasoning in the case, in real time.