FINAL EXAMINATION
Evidence
Judge James
Summer 2002
EXAM INSTRUCTIONS
· This is a closed book exam consisting of 14 pages.
· Part I consists of an essay composed of 2 parts worth 70 points total.
· You should take I hour to complete Part I (a) worth 35 points.
· You should take l hour to complete Part I (b) worth 35 points.
· Part II consists of 30 multiple choice ,and true /false questions worth 30 points.
· You should take 1 hour to complete Part II.
· Please write your essay answers to Part I (a) and Part I (b) in a separate exam book.
· Use the Scantron answer sheet for all the questions in Part II.
· For true/false questions, mark "A" to indicate that the statement is true; mark "B" to indicate that the statement is false.
· Write your exam number on all blue hooks, at the top of this exam packet, and on the
Scantron answer sheet. Do not use your name, student ID number, or social security
number on any exam materials.
· Return all test materials, including blue books, Scantron answer sheet, scratch paper, and this
exam packet. to the envelope and submit to the proctor.
PART I (divided into subparts a & b) (70 points total, 2 hours)
Plaintiff Samantha filed a civil rights action claiming that she had been falsely arrested and raped
by a city police officer, Defendant Latch, age 45. She also sued the city police chief,
Defendant Bruce, under 42 U.S.C. § 1983 which states that the city is vicariously liable for acts of its
employees when any city employee acts to execute or implement municipal custom or policy. Samantha's
complaint alleges that the city knew about the behavior of Officer Latch because of previous complaints
against him and that the city knew Latch had an alcohol problem.
The alleged incident arose when Officer Donald approached a parked car that had been reported
stolen. Samantha was a passenger in the car. Officers Latch and Dallas responded to the call for backup.
Donald, the lead officer, determined that Samantha should not be arrested. Officer Latch indicated to the
other officers that he was going to scare Samantha by telling her that the driver of the car had told him that
the drugs found in the car belonged to Samantha. Latch told Samantha, "Ho, ho, ho, you could go to jail,
too." Latch read Samantha her Miranda rights and locked her in the back of his police cruiser, keeping her
purse in the front seat. He then drove Samantha to an isolated part of the city and forced her to perform
oral sex on him. After he released her, Samantha went to her neighbor Mary's home and called the police.
Samantha filed a written complaint with the police department alleging the molestation and that Latch was
drunk while on duty.
In criminal court, Latch was later charged with rape. Although he proclaimed his innocence and
insisted the contact was consensual, after a long trial, he was convicted of first degree sexual abuse. Latch
was fired from the police force. His life then took a downhill spin. Within six months of being fired he
was arrested twice for drunk driving and convicted once.
Samantha lives at home her with her father who is a preacher at a fundamentalist church.
Samantha filed a civil suit under 42 U.S.C. § 1983 against Latch in his individual capacity
and against the police chief, Bruce, in his official capacity.
Part I (a) (35 points, 1 hour)
At the civil trial:
Plaintiff Samantha attempts to introduce into evidence the items listed below. Discuss all the issues in favor and against the introduction of the evidence against Defendant Latch and Defendant Bruce.
1. Testimony by Samantha of Latch's two arrests and one misdemeanor conviction for drunk
driving.
2. Statements by three other young women that Latch had taken them to a remote place to warn them
and then forced them to orally copulate with him.
3. Testimony by Samantha's mother that Latch went to school with her and that he has a juvenile
conviction for forging checks.
4. Testimony by the neighbor, Mary, that when she opened the door Samantha looked
disheveled and was screaming, "That son of a bitch, Latch, raped me!"
5. Mary's husband, Harry, will testify that Mary told him that Latch raped Samantha. He will also testify that when he confronted Latch with this accusation two days later, Latch's breath smelled of alcohol, his eyes were glassy, he was "drunk as a skunk" and that Latch did not respond to Harry's accusation.
6. Linda, the clerk of a convenience store frequented by Latch, had complained to city
officers that Latch would buy a six pack of beer and drink it in his police car, and had
repeatedly requested sexual favors, including oral sex, from her and other women with
whom she worked.
Part I (b) (35 points, 1 hour)
Defendant Latch attempts to admit against Plaintiff' Samantha the incidents listed below. Discuss all
the issues in favor and against the introduction of the following evidence:
1. Samantha had reported a sexual battery six months ago, which she retracted when the accused
presented three unbiased alibi witnesses.
2. It is heavily rumored in the city that Samantha had engaged in sex with several members of the
football team after getting drunk following the state championship game and her reputation for
chastity in the community is not very good.
3. Samantha has also been arrested for drunk driving three times and she offered to perform oral sex
on one of the arresting officers in exchange for him letting her go.
4. Tommy, Samantha's ex-boyfriend, who is also the nephew of Latch, will testify that three days
after the incident he was present when Samantha said to her attorney, "I'm finally going to get
some payback from those cops." And that he dumped her because she is "plain crazy."
5. Samantha admitted to the school counselor that she was hospitalized for being suicidal and was
currently seeing a psychiatrist about difficulties with her father, sex and her drinking.
6. The doctor's testimony that when he examined Samantha she appeared to be under the influence
of alcohol, that she could not remember most of what happened to her, and that he did not think
she was telling the truth about the oral sex incident.