Question

You also obtained an affidavit from Mrs Long Fingers, the wife of the suspect, in which she stated that she saw her husband one evening, coming home with a suitcase full of cash. When she confronted him, he replied that he just took the money from his employer, because they are not paying him enough. Discuss the admissibility of the evidence of Mrs Long Fingers. (20)​

Answer 1

The admissibility of Mrs Long Fingers' evidence will depend on a number of factors, such as whether the evidence is relevant, reliable, and admissible under the rules of evidence. In this case, Mrs Long Fingers' evidence appears to be relevant, as it suggests that the suspect may have taken money from his employer. However, her evidence may be challenged on the grounds of reliability, as it is based on her own observations and may be subject to bias or error. Additionally, her evidence may be excluded if it is found to be hearsay or otherwise inadmissible under the rules of evidence. Ultimately, the admissibility of Mrs Long Fingers' evidence will be determined by the judge, based on the specific circumstances of the case.

Answer 2

The admissibility of the evidence of Mrs Long Fingers will depend on several factors, including the relevance and reliability of the evidence, as well as any legal rules or principles that may impact the admissibility of the evidence.

In terms of relevance, Mrs Long Fingers' statement that she saw her husband coming home with a suitcase full of cash is potentially relevant to the case if it can be shown that the cash was obtained through illegal means, such as theft or embezzlement. The statement may also be relevant to demonstrate the suspect's motive for committing the crime.

In terms of reliability, the court may consider several factors, such as Mrs Long Fingers' demeanor and credibility as a witness, any potential biases or motives she may have, and the consistency of her statement with other evidence in the case. Additionally, the court may consider any corroboration or lack thereof of her statement, such as whether any other witnesses saw the suspect with a large sum of cash around the time of the alleged crime.

However, there may be legal rules or principles that impact the admissibility of Mrs Long Fingers' statement. For example, if the statement was obtained through coercion or other improper means, such as threats or promises, it may be excluded as involuntary or coerced. Similarly, if the statement was made in violation of the suspect's rights, such as the right to remain silent or the right to an attorney, it may be excluded as inadmissible.

Ultimately, the admissibility of Mrs Long Fingers' statement will be determined by the judge based on the specific facts and circumstances of the case, and any applicable legal rules or principles.