Answer any 3 of the questions 1-7 AND any 2 of questions 8-14. You should have a total of 5 questions answered. Please number your answers to correspond to the number of the applicable question. Define competent evidence and incompetent evidence and give two examples of each.

1. In addition to relevancy, what additional tests must documentary evidence pass in order to be considered competent?
2. In the federal courts, scientific tests, experiments, and demonstrations must meet the requirements set forth in Daubert v. Merrell Dow Pharmaceuticals. What are the standards that produce competent scientific evidence under the Daubert case?
3. What are the elements of competency for adults to qualify as witnesses?
4. Does the fact that a witness was formerly committed to a mental hospital necessarily render the witness incompetent to testify? Please explain your answer. Who has the burden of proving mental incompetence?
5. Rule 603 of the Federal Rules of Evidence requires that, before testifying, a witness shall be required to declare that he or she will testify truthfully by oath or affirmation. Does this mean that the witness must declare a belief in God? Explain your answer, including a discussion of the purpose of the oath or affirmation?
6. Is evidence of the unchaste character of a victim of a sexual assault admissible in federal criminal cases? Explain your answer. When, if at all, is evidence of prior, consensual, sexual relations between the victim of a sexual assault and the person accused of sexual assault permitted in federal criminal cases? Explain your answer.
7. What is meant by the term direct examination of witnesses? Which party conducts the direct examination?
8. Define the term leading question. What are the rules for using leading questions on direct examination? There are at least four exceptions to the rule prohibiting leading questions on direct examination. Name these exceptions.
9. Distinguish between the concepts of present memory revived and past recollection recorded.
10. What is the general rule concerning the impeachment of a witness? List and describe three methods of impeaching a witness.
11. May the credibility of a witness be attacked or supported by opinion or reputation evidence? If so, what are the limitations?
12. May the credibility of a witness be attacked by introducing evidence that that witness has committed a crime? If so, what types of crimes may be referred to and for what purpose? Does it make any difference if the witness was pardoned?
13. Explain what is meant by the term rehabilitation of a witness?

This is a formal writing assignment; therefore, you must cite all references, and all written assignments must comply with proper English grammatical and spelling rules. No specific citation style is required; however, you must use quotations when appropriate and include enough information to sufficiently identify your source(s). If quoting a reference verbatim, you must also include the page number. Please cite your source after each answer; one reference to the text at the end of the assignment is not sufficient. Failure to cite sources or improper citation of sources will result in a one-point deduction per answer.

Formal writing style also requires that, except for bona fide emphasis, your work shall be in prose and not in “bullet” format. Complete, grammatically-correct sentences are expected.

There will be deductions from a student’s written assignment if the vast majority of the assignment submission consists of cut-and-paste, verbatim material from sources, even if you cite the source. The writing assignments are designed to help you grasp the material, to better prepare for quizzes, and to improve written communication skills. Merely regurgitating verbatim material in a cut-and-paste fashion from sources does not promote learning and detracts from the opportunity for you to demonstrate and improve upon your written communication skills.

Textbook link: Columbia College: Criminal Evidence (vitalsource.com)

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