Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Sometime after his divorce due to mental illness, the defendant kidnapped his 16-year-old daughter and drove her into the State of Chon where he raped

Sometime after his divorce due to mental illness, the defendant kidnapped his 16-year-old daughter and drove her into the State of Chon where he raped her. At the subsequent criminal trial, defense counsel presented to the judge a copy of the Chon State Statute providing that the crime of kidnapping could only be committed by a non-parent. The prosecution sought to introduce the defendant's several letters he sent to his daughter detailing a perverse sexual interest in her. The defense objected saying the letters are highly prejudicial. As the trial began and before any evidence was presented, the prosecutor stood up and pointed to the defendant saying, "the police arrest people when they have probable cause that a crime was committed and the person committed it, as the defendant sits here in court today he is guilty." The defense strongly objected. The prosecutor then continued with her opening statement to the jury. The judge was recently transferred to a criminal assignment from a civil case assignment. Prior to the closing argument, the judge instructed the jury that the standard of proof required of the prosecutor is a preponderance of the evidence.

Assume all authentication, hearsay, and competency issues are resolved.

[1] What is one primary argument the defense can make for admission of the Chon State Statute?

[2] What is the judge's role and analysis in considering the admission of the letters?

[3] What is the basis for the defense objection to the prosecutor's opening statement of the criminal trial prior to any evidence being introduced to the jury?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Company Law

Authors: Brenda Hannigan

6th Edition

0198848498, 978-0198848493

More Books

Students also viewed these Law questions

Question

Why do you think this problem has occurred?

Answered: 1 week ago