Portfolio Milestone: EVIDENCE CHART

EVIDENCE CHART

Description of Evidence Offered to Prove Evidentiary Rule/Law Comments in Support
Heroin Confirmation of drugs FRE 401(a)(b), 901(a) Scientific testing would show its authenticity. Stands as the basis for the criminal charges.
Officer Dan’s Testimony of Ben’s Statements Involvement in case, credibility of Lauren FRE 410(b)(1) Ben was arrested, denied the drugs were his, and told Officer Dan that they were Laurens. Ben waived his rights, but he did not plead guilty, no contest, nor withdrew statements.
Detective Marilyn’s Statements Habits of drug dealers FRE 702(a)(b)(d) Explained common habits of high-level drug dealers, supporting the prosecution’s stance. Her 20 years of experience would qualify her as an expert.
Josh (estranged husband) Character Evidence FRE 405(a)(b),701(a)(b)(c), 803(19)(23)(b) Josh’s testimony would establish Laurens character.
Bank Account Character Evidence/Habits FRE 404(a)(3), 406, 803(6)(A)-(C), Character evidence that would correspond with the expert witnesses testimony about the habits of drug dealers.
Pete’s Witness Statement Credibility of Lauren FRE 601, 613(a), 701(a)(b)(c), 801(d)(1)(A), Rule 803(2) Claims that Lauren made incriminating statements as she ran from police. Lauren will testify that she was not a drug dealer.Running from police would have caused the ‘excited utterance’.
Rental Car Documents Possession of car and its contents FRE 401(a)(b), 902(9) Establishes that Ben was legally responsible for the car and the owner of the possessions inside. The receipt also establishes that Lauren could be innocent because the car was rented well before the arrests, by Ben, who could have been transporting his own drugs.
Fingerprint Evidence Innocence 611(a)(1)(3) Lack of fingerprints establishes that Lauren may be innocent.
YMCA Youth Leader Character Evidence FRE 405(a)(b),701(a)(b)(c), 803(19)(20)(21)(23) Establishes her character individually and within the community. Attacks the position of the prosecution and the character testimonies of their witnesses.
Tax Returns Character Evidence FRE 401(a), 405(b) 608(b), 611(b) Not Relevant, not proof to establish credibility or lack thereof.

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