Reference no: EM133578234

Question: Sometime after his divorce due to mental illness, the defendant kidnapped his 16-year-old daughter and drove her into the State of Chon where he raped her. At the subsequent criminal trial, defense counsel presented to the judge a copy of the Chon State Statute providing that the crime of kidnapping could only be committed by a non-parent. The prosecution sought to introduce the defendant's several letters he sent to his daughter detailing a perverse sexual interest in her. The defense objected saying the letters are highly prejudicial. As the trial began and before any evidence was presented, the prosecutor stood up and pointed to the defendant saying, "the police arrest people when they have probable cause that a crime was committed and the person committed it, as the defendant sits here in court today he is guilty." The defense strongly objected. The prosecutor then continued with her opening statement to the jury. The judge was recently transferred to a criminal assignment from a civil case assignment. Prior to the closing argument, the judge instructed the jury that the standard of proof required of the prosecutor is a preponderance of the evidence.

Assume all authentication, hearsay, and competency issues are resolved.

What is one primary argument the defense can make for admission of the Chon State Statute?

What is the judge's role and analysis in considering the admission of the letters?

What is the basis for the defense objection to the prosecutor's opening statement of the criminal trial prior to any evidence being introduced to the jury?