Criminal Evidence

Criminal Evidence

Paper instructions:

 

1. Define opinion evidence, expert witness, and nonexpert witness.

 

2. Rule 702 of the Federal Rules of Evidence defines the conditions under which expert testimony is admissible. What is the general rule relating to the use of expert testimony?

 

3. May a witness qualify as an expert when the expert does not have a degree or license? May the special knowledge necessary to qualify as an expert be derived from experience? May the fact that the expert does not have a degree or license be brought out at the trial? Explain your answers to each of the questions.

 

4. When an expert witness takes the stand, may the expert’s opinions be challenged in the cross-examination process? What is the process for challenging these opinions?

 

5. When an expert gives an opinion regarding handwriting, must the expert state that he or she is positive that the samples are identical? Does requiring a suspect to give a handwriting specimen violate the Fifth Amendment?

 

6. Why do most courts exclude expert testimony explaining the results of polygraph examinations?

 

7. A nonexpert, or lay witness, may state a relevant opinion if three requirements are met. What are the three requirements? May a witness give an explanation regarding the defendant’s guilt? Explain your answer.

 

8. A nonexpert witness is asked, “What was the appearance of the man at the time, with reference to his being rational or irrational?” Will an answer be allowed over the objection of the other party? Explain.

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9. Define hearsay under the Federal Rules of Evidence. Define the following terms as they are used in relation to the admission of hearsay evidence: statement and declarant. Under the Federal Rules of Evicence, what statements are specifically listed as “statements which are not hearsay?”

 

10. What reasons are advanced as to why hearsay evidence should not be admitted? What is the rationale for allowing some hearsay evidence to be admitted as exceptions to the hearsay rule?

 

11. Explain the business records exception to the hearsay rule. What is the rationale for the exception?

 

12. Under what conditions may evidence relating to testimony given at a former trial be admitted into court? When is a witness unavailable as that term relates to this hearsay exception?

 

13. What is a dying declaration? Must a declarant actually state that he or she is aware of imminent death before the statement is admissible? In what types of cases is a dying declaration admissible?

 

14. Why are declarations against the interests of the declarant admissible as exceptions to the hearsay rule? Give some examples.

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