There is a way that a clever prosecutor might be able to include the audiotape. This would have to rely upon:
The trial of famous football star Oxford Jack Wilson, accused of killing his brother-in-law, is underway. Prosecutors, frustrated by a pre-trial decision that excluded their key DNA evidence, begin taking some risks. On direct examination, they ask a doctor the following question: “So when you read a report of DNA results from the night of the murder, you saw that the defendant’s DNA matched blood evidence at the scene, correct?” Next, while questioning a police officer on direct examination, the prosecutors play an audiotape of a phone conversation between Oxford Jack’s wife and her now-deceased brother. This audiotape includes the wife discussing fears that her husband might be a violent man. However, Oxford Jack’s wife is not actually able to appear in person because she has fled the country, fearing for her safety. Finally, during closing arguments, the prosecutor refers to Oxford Jack as a “monster both on and off the football field.” Answer the following questions about what has taken place in this trial.
a. Davis v. Washington and the presumption that non-testimonial evidence is involved
b. Crawford v. Washington, and the fact that the witness is not available
c. The Daubert standard for scientific evidence
d. The notion of a public trial, as discussed in Sheppard v. Maxwell
Answer: A
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