Objections | Criminal homework help

FGCU-MockTrialObjectionsPart21.pptx

Mock Trial

Objections

Fall 2023

Schedule and Assignments

11/27 – Present Direct Examinations and Objections

12/4 – Objections

12/11 – Final Exam Week No Class

OBJECTION!

Objections used raise and dispute evidence

If objection is correct: Judge Sustains

If objection is incorrect: Judge Overrules

Rules of Objecting

Consider whether you want to raise an objection.

Stand Up

Object and state grounds for objection

Only direct the court not opposing counsel

Wait for judge to respond

Nonsubtantive Objections – Form of the Question

Leading questions on direct

Compound questions

Vague

Argumentative

Narratives

Asked and Answered

Assumes facts not in evidence

Substantive Objections

Hearsay

Irrelevant

Unfair prejudice

Improper Character Evidence

Speculation or lack of personal knowledge (asking a witness to guess)

Improper lay opinion

Lack of foundation

HEARSAY

Verbal or written out of court statements that are being offered for the truth of the matter asserted.

NOT Hearsay:

A witnesses own prior statement if it was given under oath and is inconsistent to trial testimony.

EXCEPTIONS TO HEARSAY

Present sense impression

Excited Utterance

Sate of Mind

Past Recollection Recorded

Business Records

Prior Testimony

Dying Declaration

Statement against interest

Catch-all = any statement that probative value outweighs prejudice

Schedule and Assignments

11/27 – Present Direct Examinations and Objections

12/4 – Objections

12/11 – Final Exam Week No Class

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