Interim #1

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Southern University Law Center *

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502

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Law

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Apr 3, 2024

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docx

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Uploaded by javorisdraine65

Question #1 A. Danger of Unfair Prejudice Kip and his defense can object the evidence on the grounds that the probative value of the photos showing the route that kip took around the synagogue, and the efforts the members of the synagogue took to conceal themselves from him, and photos showing the dead and wounded bodies of adults and children and their blood spread out over the furniture in the church and other members is outweighed by danger of unfair prejudice. The photos could cause the danger of unfair prejudice because the graphic nature of the photos might inflame the jury's emotions and lead them to make a decision based on emotion rather than a rational consideration of the evidence. Cumulative Evidence Also, Kip and his defense could object on the grounds of cumulative evidence because there are numerous photos that show the same scene from slightly different angles, Kip might argue that they are cumulative and therefore unnecessary. Rule 403 also allows for the exclusion of evidence that is needlessly cumulative. How the Prosecution should respond Probative Value The prosecution should argue that the photos are highly probative because they demonstrate the crime scene, the path Kip took, and the actions of the victims. Therefore, they provide crucial context of the crime and its aftermath. The prosecution might also argue that the photos show the severity of the crime which could be relevant to issues like the defendant's intent, the premeditation of the crime, or the potential for this case to be a hate crime.

Court's ruling The court’s ruling will likely balance the probative value of the evidence against its potential for prejudice. The court may allow some of the photos that are deemed essential for establishing the facts of the case while excluding others that are overly graphic or cumulative. If the court admits the photos, it could provide the jury with instructions to consider them only for limited purposes, such as establishing the crime scene, the events that transpired, or the defendant's state of mind, and not for the purpose of stirring up emotional responses. The court may conduct an in camera review (a private review by the judge) of the photos to determine which ones should be admitted and which should be excluded. Ultimately, the court will likely allow photos that are deemed necessary to depict the crime scene and the defendant's actions but may limit the number to prevent unnecessary repetition and to reduce the risk of prejudicing the jury. B. Cumulative Evidence The defense could argue that the testimony of 91 witnesses to the same event would be cumulative and that it would cause an undue delay and waste of time.. Under the Federal Rules of Evidence, cumulative evidence is that which is redundant and can be reasonably obtained from a smaller number of sources. The defense would assert that having so many witnesses testify to the same facts would not add to the jury's understanding of the events but would instead unnecessarily prolong the trial and potentially prejudice the jury by the sheer volume of witnesses against the defendant. Undue Delay and Waste of Time The defense could argue that calling 91 witnesses would result in undue delay and waste of time, which is a ground for exclusion of evidence under Rule 403 of the Federal Rules

of Evidence. 3. **Prejudicial Effect**: In line with Rule 403, the defense could also argue that the emotional impact of 91 individuals recounting a traumatic event could unduly prejudice the jury against the defendant by appealing to their emotions rather than their rational judgment. How the Court Might Rule : The court would likely balance the need for testimony with concerns about efficiency, prejudice, and cumulative evidence. The court might require the prosecution to select a representative sample of witnesses who could provide a comprehensive account of the events without being unnecessarily cumulative. This would streamline the proceedings while still allowing the prosecution to present a thorough case. C. The prosecution could argue that the photos are not relevant to any of the issues in the case. Under the Federal Rules of Evidence Rule 401, to be relevant, evidence must have any tendency to make a fact more or less probable than it would be without the evidence, and the fact must be of consequence in determining the action. Childhood photos generally do not have probative value regarding the defendant's guilt or innocence in the commission of a crime. Character Evidence The prosecution might argue that the photos are an improper attempt to introduce character evidence. Rule 404 of the Federal Rules of Evidence generally prohibits the use of evidence of a person's character to prove that on a particular occasion, the person acted in accordance with the character or trait. The photos could be construed as an attempt to show that Kip has a good character and therefore would not commit the crime, which is not admissible for proving conduct in conformity with the character on a specific occasion. Prejudicial vs. Probative Value

Even if the photos had some minimal relevance, the prosecution could argue under Rule 403 that any probative value is substantially outweighed by the risk of unfair prejudice, confusing the issues, or misleading the jury. The jury might sympathize with the defendant due to the photos without those feelings being relevant to the legal determination of guilt or innocence. How the Court Might Rule The court would likely rule after considering the arguments from both sides and assessing the photos' relevance and potential for prejudice. The court might exclude the photos, agreeing with the prosecution that they are not relevant to the facts at issue in the trial and present a risk of unfair prejudice by eliciting sympathy for the defendant based on irrelevant considerations. If the defense can establish that the photos have relevance to an issue in the case, such as the defendant's state of mind or some other material fact, the court might admit some or all of the photos but with limiting instructions to the jury regarding the purpose for which they can consider the photos. D. This question may have a typo, but I addressed it as if the prosecution were to object to the defense's testimony. The prosecution could also argue that the testimony is not relevant to any fact in issue. The mental state of the defendant, unless there is a claim of insanity or some other mental health defense that has been properly raised and supported, may not be relevant to the question of whether the defendant committed the acts in question. Prejudicial Effect : Such testimony could be prejudicial because it might improperly influence the jury by suggesting that the defendant was not in control of his actions due to supernatural or uncontrollable forces, potentially reducing his perceived culpability without a proper basis for such a claim.

Question # 2 Question # 2 Preservation of the Issue for Appeal: The defense did properly preserve the issue for appeal by objecting at the time the affidavit was offered into evidence. To preserve an issue for appeal, the party must make a timely and specific objection during the trial. In this case, the defense's objection to the affidavit as hearsay at the time it was offered satisfies this requirement. Hearsay Rule The appellate court will consider whether the affidavit constitutes hearsay under the rules of evidence. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is generally inadmissible unless an exception applies. Hearsay Exceptions The court will examine whether any hearsay exceptions apply that would allow the affidavit to be admitted. One possible exception is the "excited utterance" exception, but this typically applies to spontaneous statements made in the excitement of the moment, not a written affidavit. Another is the "present sense impression" or "declaration against interest" exceptions, but these usually do not apply to affidavits. Authentication The appellate court will consider whether the affidavit was properly authenticated, meaning that there was sufficient evidence to support a finding that the document is what it claims to be. How the Appellate Court Will Likely Rule Based on the information provided, the appellate court will likely rule that the trial court erred in admitting the affidavit into evidence. Hearsay

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