Law and Evidences
using the US Constituion and Federal Rule of Evidences please answer the following 6 questions ….
1. Samanthaâ€™s friend Moses testifies in her behalf at her trial in federal court in 2013 for credit card fraud. If Moses was convicted of a perjury misdemeanor in 2001, can that crime be used to impeach him? Why or why not?
2. Ruth was convicted of importing drugs in 2003 and released from imprisonment for that crime in 2008. If she testifies at Martinâ€™s trial in federal court in 2013 for making false statements to a government official, can the drug conviction be used to impeach her? Why or why not?
3. Cheryl testifies in her own behalf at her trial in federal court for in 2013 for wire fraud. If she was convicted of fraud in state court in 2000 and released from imprisonment for that crime in 2005, can that crime be used to impeach her? Why or why not?
4. When Leopold arrived in Kennedy Airport in 2012, Customs Agents found child pornography on his laptop. He was subsequently tried in federal court for possession of child pornography, and his defense was that the child pornography that the agents discovered on his laptop must have been downloaded by some sort of malware, as he had not known it was there until the Customs Agents discovered it. Would Leopoldâ€™s rights under the Double Jeopardy clause be violated if for the purpose of refuting his defense of lack of knowledge, the government had a witness testify about Leopoldâ€™s possession of child pornography in 2007, even though Leopold had been tried and acquitted of the alleged 2007 offense? Why or why not?
5. In the scenario in question 4, would the admission of the testimony about the conduct for which Leopold was acquitted violate his rights under the Federal Rules of Evidence? Why or why not?
6. At Rosemarieâ€™s trial in state court for arson, her ex-husband appeared as the star prosecution witness. Would Rosemarieâ€™s Constitutional rights be violated if the judge prohibited her attorney from questioning the ex-husband about why they got divorced? Why or why not?