CJA 356 W1 DB
For each question, the response should be a paragraph.
Question 1:
As a member of a prosecution or defense team, you may be called on to brainstorm a theory of a case or a helpful analogy. Here is another example of an analogy:
Fact to be established: It was raining outside at 9am.
Direct evidence is based on personal knowledge or observation of the person testifying. No inference or presumption is needed.
Circumstantial evidence indirectly proves a fact. It is based on an inference that the jury must draw, rather than based on personal knowledge or the witnesses observation.
It is crucial that members of the prosecution and defense team, as well as jurors, understand legal concepts, like direct and circumstantial evidence. Simple, commonsense analogies are a helpful tool to explain abstract legal concepts. As a member of a prosecution or defense team, you may be called on to brainstorm the theory and arguments in a case.
Here is an example of an analogy used to explain these concepts:
Fact to be established: It was raining outside at 9am.
Direct Evidence: A witness testifies that at 9am, they looked out the window and saw it was pouring rain.
Circumstantial Evidence: A witness testifies that at 9 am, they were working in their windowless office. At that time, they saw their co-worker Jack come in through the front door with: wet hair, a wet jacket and wet shoes.
Your Assignment:
1. Please come up with 1 strong analogy that you could use to describe the concepts of direct and circumstantial evidence. To do this:
First, come up with the fact you want to establish. Stick with a simple, everyday situation. (Ie. The dog was swimming in the lake.)
Next, come up with one example of direct evidence that supports that fact. (Ie. The owner saw his dog swimming in the lake.)
Finally, come up with one example of circumstantial evidence to prove this fact. (Ie. The owner was in the house when he heard a big splash. A few minutes later his dog ran in the house soaking wet, leaving a trail of wet foot prints down to the lake.)
Question 2:read: Brady v. Maryland 373 U.S. 83 (1963)
Under Brady v. Maryland and its progeny, the prosecution and its agencies must disclose exculpatory evidence to the defense.
Assume you were a prosecutor investigating an alleged rape of an exotic dancer who has a criminal record. List and describe three types information/evidence that you might find during your investigation, that could be “Brady” material.
Question 3:
Here’s a link to a Youtube Video https://youtu.be/KnQDlkteDng to help us better understand Testimonial Evidence. What’s your understanding now of testimonial evidence after reviewing this video?