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Question 1

Frank is on trial for murdering his wife. Frank's brother, Jesse, is one of the primary witnesses for the prosecution, and is expected to testify that he saw Frank enter their parents house on the night of the murder carrying a bloody knife. Jesse is bigger and stronger than Frank and is not afraid of him, but there is bad blood between them and he refuses to be in the same room as Frank including the courtroom. Should the judge order Frank out of the court so that Jesse will testify?

Question 2

Frank is on trial for murdering his wife. Frank's brother, Jesse, is one of the primary witnesses for the prosecution, and is expected to testify that he saw Frank enter their parents house on the night of the murder carrying a bloody knife. Frank's elderly mother is also scheduled to testify against him. She is expected to testify that earlier in the week he had requested to borrow a "strong, solid knife that won't break too easy." She is frail and truly frightened of her elder son's violent outbreaks. In fact, he has been arrested in the past for domestic abuse for beating up his mother on several occasions. Like Jesse, she refuses to be in the same room as Frank. Should the judge accommodate her fears and arrange for her to testify outside of Frank's presence?

Question 3

Frank is on trial for murdering his wife. Frank's father takes the stand. Frank has always hated his father and wants to question him personally, hoping to pose some rather embarrassing questions. Does he have the right to directly question an adverse witness?

Question 4

Mr. Marsh is testifying at a trial as an expert witness for the prosecution. His testimony concerns the meaning of blood-splatter at a crime scene and what that tells us about the attacker's height, weight and position in relation to the victim. On cross-examination the defense attorney asks Mr. Marsh the following question: "Were you ever caught cheating in college?" Should the judge permit the question?

Question 5

Cartman is arrested for stealing some punch and pie from a neighbor's house. During the trial Cartman regularly shows up dressed as a female prostitute. He jumps up and down on the table screaming "Whatever. Ah do what ah want!" The judge asks him repeatedly to be quiet and show appropriate respect in the courtroom. When Cartman refuses the judge has him handcuffed to a chair, gagged, and placed in the hallway so that he cannot make faces at anyone. Cartman claims this violates his rights under the Confrontation Clause, as he cannot see the witnesses testifying against him. Is he right?