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Student Case Briefs, Outlines, Notes and Sample Tests
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The Trial of Sir Walter Raleigh for High Treason |
Not Sure |
1603 |
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Chapter |
6 |
Title |
A Contemporary Approach |
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Page |
149 |
Topic |
Hearsay |
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Quick Notes |
Sir Walter Raleigh was tried for treason for conspiring to kill the king. Lord Cobhams confession was read into evidence and he was not allowed to be called as a witness. |
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Book Name |
Evidence: A Contemporary Approach. Sydney Beckman, Susan Crump, Fred Galves. ISBN: 978-0-314-19105-2. |
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Issue |
o Whether Sir Walter Raleigh was given a fair chance to defend himself? Hell No. |
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Procedure |
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Court |
Guilty of Treason |
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Facts |
Discussion |
Key Phrases |
Rules |
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Pl King Df Sir Walter Raleigh Party Description o Sir Walter Raleigh was tried for treason. o He conspired to kill the king. o Raise a rebellion o Encourage the kings enemies to invade. o Sir Walter Raleigh pleaded not guilty. Alleged o Sir Walter Raleigh conferred with Lord Cobham about advancing Arabella Stuart to dispose of the King and getting the support of the King of Spain.
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Sir Walter Raleigh o Represented himself, because in Df - in cases of treason did not have right to counsel.
Repeatedly Complained o The alleged co-conspirators confessions lead to Sir Walter Raleighs indictment. o Raleigh complained that Cobham did not appear in court. o His confession was read into evidence and use against Raleigh. o Cobham was held in a nearby jail and was available to testify.
Cobhams Confession o Basically said he was not engaged these activities. o Raleigh would not leave him along which pushed him to taking the letter. o But for Raleigh, he would not have been involved.
Raleighs Arg o The confession was to save Cobhams life. o He wanted Cobham brought into court to face his accuser.
Judge o If we bring him, he may retract what he formerly said, and the jury may be inveigled [lured].
Chief Justice o For so many horse stealer may escape, if they may not be condemned without witnesses.
Guilty of Treason
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Rules |
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Class Notes |
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o Starting Point For Hearsay o Most hearsay evidence is that such statements will generally not be admitted into evidence.
o Fundamental Idea of excluding Hearsay evidence o To receive a fair trial. o One should be able to cross-examine on who speaks evidence relevant to the issues before the court. o We should distrust statement which have been made out-of-court and are merely repeated in the courtroom without the proper opportunity to question the speaker. o The judge or jury is no in a position to assess the accuracy of out of court statements. o The primary reason for excluding hearsay is that the trier of fact has not adequate basis for evaluating the declarants credibility, because the declarant was not subject to cross-examination under oath in the triers presence.
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