After reading Chapter 3, and in your own words, respond to the following situation:
Jack was arrested for murdering Jill, his wife of 10 years. Jack’s defense maintains his innocence. At Jacks trial, the prosecutor wants to call Mary as a witness to testify that 9 years ago, she (Mary) had an affair with Jack. Jacks defense lawyer objects to letting Mary testify at all, arguing that an extramarital affair that ended nine years ago is simply not relevant to the charge of murder and that telling the jury about it will simply make them think poorly of Jack (have a prejudicial effect) as an unfaithful husband to his now dead wife.
A. Imagine that you are the trial judge, apply FRE 401 and 403 (as described in your textbook in Chapter 3) to this situation and explain your ruling on whether Mary should be allowed to testify about sleeping with Jack nine years ago. Would Mary’s testimony be relevant (FRE 401) to this trial? Even if relevant, should Mary be prohibited from testifying because it would violate FRE 403?
Changing the facts, now assume that it was Jill who had the extramarital affair 9 years ago with a man named James and that Jack, her husband, just found out about Jill cheating on him the day she was murdered. The prosecutor wants to call James to testify about sleeping with Jill nine years ago.
B. Imagine that you are the trial judge, apply FRE 401 and 403 (as described in your textbook in Chapter 3) to this situation and explain your ruling on whether James should be allowed to testify about his affair with Jill that happened nine years ago. Would James’s testimony be relevant (FRE 401) to this trial? Even if relevant, should James be prohibited from testifying because it would violate FRE 403?
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