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Order 363124181 X Content X confrontation clause crawford - S x criminal evidence what is an oral X + X C highpoint.blackboard.com/ultra/courses/_20921_1/cl/outline Paused Apps M Gmail YouTube Maps Law Homework W Orders Reading list O This is not evidence of HateChan's bad character. This shows that a HateChan member commited the murders in this case. O These are prior bad acts that reveal HateChan's racism. QUESTION 3 3 points Save Ansv You represent Harry N. Leader and want to introduce Superior's failed effort to find a job. The prosecution objects and the judge turns to you to explain why it is admissible. What do you argue? For the toolbar, press ALT+F10 (PC) or ALT+FN+F10 (Mac). BIUS Paragraph Arial 10pt Ev EVAL ... P O WORDS POWERED BY TINY QUESTION 4 1 points Save Ansu You are the judge in the case. The prosecution wants to introduce the videos Leader posted into evidence. The defense objects that they are irrelevant. How do you rule? O Overrule the objection because the videos are relevant to Leader's intent to promote the crime. O Sustain the objection because they do not show Leader acted with cool reflection on the matter. 363124181-Crimi.docx 363124181-Crimi.docx 363123883.edited.docx w Criminal Evidence..docx w Order ID 363123..docx Show all X w P 2:19 PM Type here to search O 68 F Sunny 2/12/2022

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On June 21, the first day of summer, people gathered to celebrate the summer solstice.  Ascending to the town of Peak's high point, people watched the sun slowly set over the horizon.    Just as the sun set, an unknown female screamed, "He's got a gun!"  Shots rang out.  People scattered.  Vic Tym felt a searing pain rip through Tym's torso.  Tym managed two more steps and collapsed dead, uttering, "I've been hit." Asia Minor, seven years old, was walking with her mom to Peak's high point when the shooting started.  She looked up to see a mob of people charging at her.  She yelled, "Mom," and grabbed her mom but it was too late.  The fleeing mob knocked her over and trampled her to death. Other than Tym and Minor, twenty more were injured by the shooting or the ensuing hysteria.

Local, state and federal police quickly arrived on the scene and restored order but not before shooting and killing the initial shooter.  They identified the dead shooter as I.M. Superior.  Further investigation revealed Superior was an avowed White Nationalist.  On his Instagram page, Superior posted gun photos and various memes depicting his viewpoints.  His last post occurred twenty-four hours prior to the June 21 shooting.  It warned that the time had come for the Aryan race to take action.  He said that he would lead the way. 

The investigation also uncovered a HateChan profile for Superior.  Investigators found Superior had become "radicalized" through his participation in various HateChan chat rooms.  HateChan was created for and used by people who held a similar view that the Aryan race needed protecting from society at large.  People on the site routinely complained about their circumstances and blamed the situation on immigration and all other ethnic groups. Often these conversations talked of violence.  One post, made by Emmy Grant, proclaimed that "All non-white people are not real Americans and should be sent back where they came from."  Over time, the site gained worldwide members, topping one million individual accounts.  In the last six months, worldwide, HateChan members initiated four different mass shootings that resulted in 53 deaths.  After each shooting, HateChan's public affairs office released a statement condemning the use of violence and that their primary goal is to give people a place to speak their minds.

One user, in particular, seemed to stoke the flames.  Harry N. Leader, HateChan's founder, had quickly identified Superior as someone searching for something.  Using the same board Superior used, Leader posted a collection of self-produced videos discussing how the Aryan race was becoming more and more oppressed.  The videos encouraged those watching to take action in their home towns.  Leader also sent personal messages to Superior encouraging Superior to act on behalf of the Aryan race.  One message said that "White people must stand up for their God-given rights and not allow any foreigners to get in their way."  Never, however, did Leader promote violent action.  Instead, he remained vague about specific action.

Superior was a lonely and tormented soul.  He had just graduated from a university and was looking for work.  He received rejection after rejection.  His parents had cut off their support because they believed he was not trying hard enough to find a job.  One particular rejection stung Superior.  He thought he had a good shot at the position but was rejected at the last minute.  When he went to the office to find an explanation, he found that the company had hired someone from South America.  When he complained to a local bartender, the bartender told Superior about HateChan.  The next morning, while recovering from his drinking, he created a HateChan account. Days later, he received his first message from Leader.

With Superior killed at the scene and the local populace demanding law enforcement action, the local prosecutor decided to prosecute Harry N. Leader on two counts of Murder in the First Degree.  To make a case for murder, the prosecution must prove, beyond a reasonable doubt, that:

  1. Superior killed a person
  2. After deliberation (defined as cool reflection on the matter for any period of time, no matter how brief)
  3. Leader, with the purpose of promoting the commission of Murder in the First Degree, aided or attempted to aid Superior in the planning or the commission of the offense.

Answer & Explanation
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In the instant case, Harry N Leader trying to introduce in evidence the failed effort of Superior to find a job is relevant evidence and is circumstantial evidence to show that because Superior was not being able to secure a job despite having graduated from college, was a very big factor in forming his discontentment towards the society in general and in formulating his conservative thinking. Thus, its admissibility cannot be called into question as it is an evidence that aligns with the possible defense put forth by Harry N Leader.

Step-by-step explanation

A fact which is put before the court and that fact itself does not tell us anything about the offence of the course of action. It is not one of the elements of the course of action but it allows the court to make some assumptions or some inferences that bring it very close to being able to define other facts which are directly related to the chain of the course of action.

Circumstantial evidence is evidence that serves to establish the circumstances related to particular points or even other evidence; for example, circumstantial evidence might support claims made regarding other evidence or the accuracy of other evidence. Circumstantial evidence provides details regarding circumstances that allow for assumptions to be made regarding other types of evidence. This type of evidence offers indirect proof and typically cannot be used as the sole evidence in a case. For instance, if a person testified that she directly witnessed the defendant create and distribute malware this would constitute direct evidence. If forensics investigation of the defendant's computer revealed the existence of source code for the malware, this would constitute circumstantial evidence.

Problems of relevancy call for an answer to the question whether an item of evidence, when tested by the processes of legal reasoning, possesses sufficient probative value to justify receiving it in evidence. The variety of relevancy problems is coextensive with the ingenuity of counsel in using circumstantial evidence as a means of proof. Relevancy is not an inherent characteristic of any item of evidence but exists only as a relation between an item of evidence and a matter properly provable in the case. Does the item of evidence tend to prove the matter sought to be proved? Whether the relationship exists depends upon principles evolved by experience or science, applied logically to the situation at hand. The United States' Federal Rule of Evidence 401 which (in its restyled version) states that evidence is relevant if "it has a tendency to make a fact more or less probable than it would be without the evidence" (emphasis added). The word "probable" in these and other standard definitions is sometimes construed as carrying the mathematical meaning of probability.

In the instant case, Harry N Leader trying to introduce in evidence the failed effort of Superior to find a job is relevant evidence and is circumstantial evidence to show that because Superior was not being able to secure a job despite having graduated from college, was a very big factor in forming his discontentment towards the society in general and in formulating his conservative thinking. Thus, its admissibility cannot be called into question as it is an evidence that aligns with the possible defense put forth by Harry N Leader.