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QUESTION
Marjorie Wallace is on trial for the homicide of her husband. Marjorie claims that she killed her husband in self‐defense due to the fact that he had been abusive throughout their marriage. During cross‐examination the prosecutor asks her the following questions:
a. Isn’t it true that you were married to your husband for 20 years?
b. Isn’t it also true that although you claim you were abused that you never had any documented evidence of this so-called abuse?
c. Isn’t it true that during the twenty‐year marriage you had affairs with other men?
d. In fact, it is fair to say that you had at least ten affairs during that twenty‐year period?
e. Isn’t it also true that the night you killed your husband you left the house and went to the home of your lover?
Which, if any of the above questions, would you argue as defense counsel violate Rule 403 of the Federal Rules of Evidence? Why?
Module 6 discussion 2
For the purpose of this hypothetical question, assume that the actions occur in the fictional county of Roar in the fictional state of Lionsville.
___________________________
Assume the same set of facts as Discussion One but now assume that Marjorie Wallace’s lover is on the stand to testify to her whereabouts the night of the murder.
The prosecutor asks the following questions on cross‐examination:
a. Isn’t it true that you were arrested for burglary two years ago?
b.
Isn’t it true that you were convicted of drug possession last year?
Which of these questions, if either, are appropriate under Federal Rules of Evidence Rule 608? Why or why not?
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