A defendant is charged in a criminal case with murder. According to the prosecution, the defendant and his brother went to the victim’s home to collect on a debt owed by the victim to the defendant. Once at the victim’s home, the confrontation escalated and the victim was killed. Defendant claims he acted in self-defense because he believed the victim was going to attack him. Though the victim did not have a weapon, defendant claims that at the time of their confrontation, he believed he saw a weapon in the victim’s hand and therefore reasonably feared the victim was going to attack him.
Just a few hours after the attack, defendant and his brother were both taken by police to the local police station for questioning. They were each questioned separately and their statements were videotaped. Prior to questioning, each of them was informed of his Miranda rights and agreed to waive those rights. During the police station interrogation, defendant’s brother told the police that he did not see any weapon in the victim’s hand during the confrontation and resulting attack.
At the criminal trial, defendant’s brother was subpoenaed to testify for the prosecution but he invoked his Fifth Amendment right against self-incrimination. The court found that the invocation was proper and that the brother would not be required to testify. The prosecution then sought to admit into evidence the brother’s videotaped statement to the police during the police station interrogation that he did not see any weapon in the victim’s hand during the confrontation and resulting attack. The defense objects to admission of the videotaped statement of the brother.
Assume that the Federal Rules of Evidence have been adopted in this jurisdiction. How should the court rule regarding admission of the brother’s videotaped statement and why? Address in your answer whether the videotaped statement is relevant; whether it constitutes hearsay and, if so, whether it qualifies for any exception under the hearsay rule; and whether any other law would require or prevent admission of the statement.
Type of service: Academic paper writing
Type of assignment: Essay
Number of sources: 0
Academic level: Junior(college 3rd year)
Paper format: Chicago
Line spacing: Single
Language style: US English