Assignment 2- Read pages 1-3 of the transcript below from the case Michelson v. United States, 335 U.S. 469 (1948).

(1)Identify, by line number and page number, the objections and under what federal rules of evidence and federal rules of criminal procedure both parties (defense and prosecution) should have made on direct examination, and the objections the prosecution and counsel should have made on cross-examination.

(2)Explain under what federal rule the objection is based on.

(3) Explain your reasoning.

(4)What other issues may be raised for the witness's testimony? Explain.

TRIAL TRANSCRIPT

Page 1

1Direct Examination of Character Witness for Defendant Michelson

2(Michelson is on trial for having bribed an IRS agent.)

3

4[Witness is sworn in and introduced to the jury with pedigree information]

5

6Q:Do you know the defendant John Michelson?

7

8A:Yes.

9

10Q:How do you know him?

11

12A: We knew each other in high school, and we have remained close friends ever since.

13

14Q: So how long have you known him?

15

16A: About thirty years.

17

18Q: And what is your opinion of his character?

19

20 A: John is a very honest man. He is a truthful and law-abiding citizen.

21

22 Q: What leads you to this conclusion?

23

24 A: Well, he has worked as a sales representative for twenty years, and in that line of work

25there is a great temptation to fiddle with your stats, to make them look better than they

26are in the year-end report. But he's never done that.

27

28 Q: Do you know other people who know Mr. Michelson?

29

Page 2

1A: Yes, we belong to the same club downtown and we have many common business

2associates.

3

4Q: Have you ever had the chance to discuss Mr. Michelson with these common

5acquaintances?

6

7A: Yes.

8

9Q: Have you ever talked about his reputation?

10

11A: Oh yes. Mr. Michelson's reputation is very good in the community. He is known as a

12peaceful, quiet man, who will never start an argument and never hold a grudge against

13anyone.

14

15Q: What about his reputation for honesty?

16

17A: He is known throughout the community as an honest man and a law-abiding citizen. 18

19

20[Cross-examination]

21

22Q: Mr. Witness, are you aware of the fact that twenty years ago Mr. Michelson was

23convicted of selling watches without the proper trademark?

24

25A: No, I never heard of such a thing.

26

27Q: And are you aware of the fact that twenty-one years ago, Mr. Michelson was convicted

28of smoking marijuana?

29

30A: No, I did not know that.

31

Page 3

1Q: And did you know that twenty-five years ago, he was arrested on a charge of receiving 2stolen property?

3

4A: That was only an arrest; it turned out to be a misunderstanding.

5

6

Assignment:

Read the trial transcript in the attachment below (FromMichelson v. United States, 335 U.S. 469 (1948)). Identify, by line number and page number, the objections each party should have made. Explain what rule the objection is based on. Explain your reasoning.

What other issues may be raised for the witness's testimony? Explain.