Law of Evidence Essay Example | Topics and Well Written Essays - 1500 words - 2

Law of Evidence - Essay Example verse to Duane’s interests and on this basis, the prosecution counsel can contradict by introducing prior oral statements that are inconsistent with the oral testimony provided in the Court2. In order to argue successfully in favor of admitting evidence, the Prosecution will be required to prove that: The major issue the Prosecution will have to prove is therefore the question of whether the evidence of the character of WPC Kite is relevant to the subject matter of the proceedings regarding Diane. The Prosecution could argue that the substance of WPC’s confessions should be admitted as important hearsay evidence on grounds of its relevance in understanding the probative value of the statements in understanding other evidence in the case.3 Further grounds they could use to argue for admission of WPC’s statements are the general provisions for admission of confessions4 admissions by agents5 or by utilizing the provision that â€Å"a statement made by a party to a common enterprise is admissible against another party to the enterprise as evidence of any matter stated.†6 Moreover, since the statements of WPC Kite in Court will be inconsistent with his oral admissions to Duane in the car, this could provide additional grounds for the Prosecution to seek that such evidence be admitted.7 They could argue that since the testimony that WPC Kite will be offering in Court is likely to contravene the Defendant Duane’s assertion that he made unsolicited admissions in the car on the way to the police station, the admission of those oral evidence may be justified in providing evidence of his character and the fact that he did indeed make those statements. 2. In the event Duane wishes to resist the admission of such evidence, the major argument that can be offered is the lack of relevance of WPC’s criminal record in the issue of her theft indictment. For example, in the case of Funderburk8, the issue in question was whether the defendant had sexually assaulted the