A#6 ADMJ 323 23558 F10 Evidence Chapter 4, Writings - This Assignment is due via Turnitin prior to 5:00PM on October 1, 2010. Please download this Assignment from your calendar date of September 25, 2010. Please see the sample Assignment response table below. You must follow the example in completing and submitting this assignment. You must highlight the evidence you are referencing and immediately after the highlighted sentences in brackets [ ] you must provided the consecutive number of each evidence example [(1)... and number each of the required responses as shown in the example below.

1. Identify and number each action in this scenario that results in evidence that may be used at trial and list and classify the evidence (writing, physical evidence, material object, etc.).

2. Show who (prosecution, defense or both) will use the evidence and what that evidence would be used to prove.

3. If applicable apply the ‘Best Evidence’ Rule.

4. Authentication – Who will authenticate the evidence and why is this person the authenticator. Please cite the sources for your reasoning. (Hill, 2009, p.1)

5. List all parties who may have a reasonable expectation of privacy in the evidence (if this is an issue) and explain if this will prevent use of this evidence in court.

6. Please define any admonition and/or waiver or notice issue associated with this evidence.

EXAMPLE

Able has just hacked into the US grade system and lowered Billy Bicep’s midterm grades so that Billy is no longer eligible for football or financial aid. [(1) 1. The changed computer file is writing. 2. This writing will be used by the prosecution to show Able performed illegal acts in hacking into the US computer and in changing Billy Biceps grade. 3. The computer files that recorded the hacking and the changed file are the original and best evidence and any copies of these files will be considered originals. 4. The files will be authenticated by the computer technicians at US because they are responsible for the integrity of the US computer system and can explain how the hacking occurred. (Hill, 2009, p. 27) 5. Billy Biceps and the US have a reasonable expectation of privacy in the changed records and the confidentiality of the US computer system. They both have an interest in seeing Able prosecuted. 6. No admonition or waiver issue.] Able has also faked photos of Cute in sexually explicit poses on a My Space web site he has created. [(2) 1The faked photo is a writing ... ] He has invited all of Cutes’ friends and instructors to the web site

Able Student is a junior at the University of Sacramento (US) and he is depressed, angry, and frustrated. His girlfriend, Cute Coed, has just broken up with him.

Cute called Able a nerd and said he was too lame for her. She is now dating Billy Biceps, a star running back on the US football team.

Able has just hacked into the US grade system and lowered Billy Bicep’s midterm grades so that Billy is no longer eligible for football or financial aid.

Able has also faked photos of Cute in sexually explicit poses on a My Space web site he has created. He has invited all of Cutes’ friends and instructors to the web site.

When Cute learns about the My Space web site she knows immediately that Able is responsible. Cute is so mad that she is screaming in her apartment until she can’t scream anymore. When she finally stops screaming she decides to get evidence to prove that Able is responsible. She prints out copies of the phony pictures of her on the My Space web site. She then gets her pocket digital voice recorder and goes to Able’s dorm room and bangs and kicks on his door until he opens the door.

“Wow what are you doing here? I thought you were through with me.”

“Let me in you dick!” screams Cute as she pushes her way into his room.

“We need to get something straight right now! You should have never created those pictures and you sure as hell should have never posted them on the web.”

“I totally do not know what you are talking about. What pictures?” replies Able.

“Of course you don’t but you do remember hacking in to the US database and changing my philosophy grade from a “D” to a “B. Well, I still have your e-mail telling me that you changed that grade for me - for love. I never asked you to do that shit. I will send that e-mail to the Dean of Students and to your parents as soon as I leave here. What do you think about that smartass?”

Able is shocked that he had forgotten all about the e-mails he had sent. He is blinking rapidly and starting to sweat. “What do you want from me? I’m sorry things just got out of hand. I love you so totally. What do you want?”

“Take down the pictures right now!”

“Ok, but you have to promise to not use that e-mail. You have to Promise. Ok? Shit you would not send that to my parents. OK?”

“No promises. Take them down now! You got ten seconds. One…”

“Ok, Ok.” Able moves quickly to the computer.

“You used my face from the pictures we took last summer didn’t you? Didn’t you?”

“Yeah. Yeah.”

“And where did you get the skank body photos from?”

“Hustler.”

“From where?’

“Hustler. You know the magazine.”

Cute spends the next hour with Able as he takes down the photos and replaces them with a confession about the photos being fakes and apologizes to Cute and anyone who has seen the photos.

Able refuses to identify himself on the My Space web site as the creator of the phony pictures and Cute leaves slamming the door.

She immediately calls the campus police. Cute plays her audio recording and shows the My Space web site and her photos of the web site to the US Police.

Able is arrested within the hour by the US Police and read his rights. Abel’s computer hard drives and other memory devices are seized by the US Police. The seized property and Able are turned over to the Sacramento Police Department (SPD). SPD detectives again read Able his rights and play Able a copy of the tape of his meeting with Cute.

Able breaks down in tears and says, “I’m so sorry, man I’m sorry.” After that Able signs a Miranda waiver. But before the detectives can start questioning him he asks for an attorney.

The detectives have been recording this interview in the station house without Able’s knowledge.

Able calls his parents (Able’s call to his parent’s is monitored by the SPD) and soon Able has a call from Leading Man, (also monitored by SPD) a famous defense attorney from the state of Euphoria, advising him to not talk to anyone, not even his parents, until he meets with Able.

Cute’s parents have learned about the Able’s web site and are livid. They have hired an attorney, James “Mad Dog” Johnson, for Cute. Cute does not want to go to court and have her faked pictures displayed to the jury and others. She just wants the whole mess to away quietly.

A#6 ADMJ 323 10041 S10 Evidence Chapter 4, Writings 1