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Evidence Course, Professor Peter Tillers

Cardozo Law School



 

The Statue of Liberty Problem

 

The defendant is charged with attempting to blow up the Statue of Liberty. His defense is entrapment: he contends that an FBI agent actively encouraged and solicited the defendant's plan to blow up the Statute of Liberty. The government admits that the FBI agent suggested to defendant that he (the defendant) blow up the Statue of Liberty but it maintains that the agent did not actively encourage defendant to do so, and the pertinent FBI agent testifies to that effect. W-1 testifies for defendant. W-1 has a long criminal record. The import of W-1's testimony is that the FBI agent not only suggested the foul deed but also actively encouraged the defendant to commit it. Defendant then offers the testimony of W-2. W-2 also has a long criminal record. The import of W-2's testimony is the same as W-1's. The government objects to W-2's testimony as unduly cumulative. The trial judge rules that W-2 will not be allowed to testify. Was this error?

 

Cf. United States v. Bowe, 360 F.2d 1 (2d Cir.), cert. denied, 385 U.S. 961 (1966).

 


 
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