Fact pattern for Evidence Assessment
Becky and Sandy were on their way downtown to a Josh Grobin concert. Before the concert they decided to eat dinner at a local restaurant. As they were walking across the street to the restaurant, a blue car hit Becky and Sandy. Becky was transported to the hospital by ambulance. She sustained multiple injuries but survived. Sandy died shortly after arriving at the hospital. The driver of the blue car, Barley, also was transported to the hospital in another ambulance. You are the paralegal working on the case representing Sandy’s estate in a wrongful death case. After an extensive investigation, you have gathered the following information and talked to the following witnesses: a hospital nurse, witness on the sidewalk, medical technician, and patrons at the restaurant. Here is what they said:
At the hospital, the nurse stated that Becky reported that her chest hurt, she was diabetic, the blue car ran the red light, and that she had drunk eight glasses of beer at a bar just before crossing the street on her way to the restaurant.
Right before the incident, the witness on the sidewalk reported that she overheard a pedestrian on the scene yell, “Watch out for that speeding car!”
At the hospital, a medical technician stated that she heard Sandy exclaim that she was so excited about the concert that she did not see the “no crossing” sign.
Patrons of the restaurant, who saw the incident from a picture window, observed Barley get out of his car, point his finger at Becky and shake his fist.
Analyze whether any of this information is admissible as evidence, either in favor of or against your client. Support your conclusions with the Rules of Evidence. Discuss any areas of the Rules of Evidence that you find confusing.
Next, explain how the Rules of Evidence will impact your future investigations as a paralegal.
Over the course of three days, in a word document, maintain a journal documenting your observations of three different people with whom you come in regular contact.
Note and record your impressions of their voices, body language, and facial expressions. Keep a running record of dates and times of observation, physical surroundings, and a description of your observations. Choose both people that you know well and people that you do not know well. Don’t tell them what you are doing and make every effort to not be obvious or unduly obtrusive.
Following each observation, interpret it-write down what you think you have observed tells you about that person.
Of all of the theories we have learned about and discussed throughout the criminal justice program, which one do you think explains crime the most? Explain your answer.
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