Q: For the party opponent exception to the hearsay rule, what if it is unclear if the defendant wrote the statement?
In a mock trial in which I am participating, the defendant allegedly wrote notes threatening and taunting those she attempted to murder. She allegedly left these notes at the crime scene. Since it is not absolutely clear that the defendant wrote these notes--albeit the prosecution will certainly argue that she did--are these notes NOT an exception to the hearsay rule?
As a lay person, it seems to me that if the prosecution concedes during trial that this is not an exception to the rule, they would be arguing against their case--as part of their case involves arguing that the defendant wrote the notes.
A:
You should be determining your answer and not ask someone to answer for you.
This violates the honor code
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