Suppose that Max has been arrested and charged with committing a battery on his wife, Minnie. Two days before the trial begins, Max kills Minnie to prevent her from testifying against him. A surveillance tape captures the lethal event and the police arrest Max on homicide charges. When the battery trial begins, Max's lawyer objects on the basis of the Sixth Amendment. In other words, Minnie is unavailable for cross-examination and, therefore, the battery charge should be dismissed. The judge rules against the motion and allows the trial to continue. On what basis did the judge allow the trial to continue without the victim's testimony?

Question

Quizplus · Accepted Answer

The judge allowed the trial to continue on the basis of forfeiture by wrongdoing. This legal principle holds that if a defendant intentionally prevents a witness from testifying, they forfeit their right to confront the witness and object to the use of hearsay evidence regarding that witness's testimony. Therefore, Max's intentional killing of Minnie to prevent her from testifying against him in the battery trial means that the prosecution can introduce her statements as evidence against him.

Suppose That Max Has Been Arrested and Charged with Committing