JADM340 Week 6 Discussion (dq1+dq2) Latest November 2018

JADM340 Criminal Evidence

Week  6 Discussion

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Consider this scenario:  Testimony relative to a drive-by shooting/homicide is given at a grand jury proceeding by several gang members and results in the issuance of a true bill.  Later, at the trial, the gang members go into hiding and are unavailable to testify for the prosecution.  Can their grand jury testimony be introduced at the trial?  Explain why or why not.


What is the rationale behind the marital communications privilege and the spousal testimonial privilege?  How do you think these types of privileged communications can be reconciled with the search for truth in the criminal justice process?  Which do you think is the most important?  Why?

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