Essay playbook
The Murder Trial
Work through The Murder Trial as a public essay playbook with a fresh Florida-focused fact pattern, scored issues, and a model answer.
Fact pattern
Defendant Dan is charged with murdering Victor. At trial: 1. DYING DECLARATION: Nurse testifies that Victor, believing he was dying, said: "Dan stabbed me because I slept with his wife." Dan objects. 2. CHARACTER - DEFENDANT: Dan calls his pastor to testify Dan has a reputation for peacefulness. Prosecution objects. 3. PRIOR INCONSISTENT: Witness Wendy testified at grand jury UNDER OATH that she saw Dan stab Victor. At trial, she testifies she didn't see who stabbed Victor. Prosecution offers the grand jury testimony as SUBSTANTIVE evidence. 4. SPOUSAL PRIVILEGE: Dan's wife Wanda heard Dan confess at home in a private conversation. Prosecution subpoenas Wanda to testify about the confession. 5. EXCITED UTTERANCE: Bystander testifies that immediately after the stabbing, a woman screamed "Dan just stabbed that man!"
Scored issues to spot
FL admits dying declarations in ALL criminal cases, not just homicide.
Subject: Evidence | Points: 15
Criminal D may introduce pertinent character trait (peacefulness).
Subject: Evidence | Points: 10
FL: Prior inconsistent under OATH is SUBSTANTIVE evidence, not just impeachment.
Subject: Evidence | Points: 20
FL has NO spousal immunity, but DOES protect confidential marital communications. The confession was a private communication.
Subject: Evidence | Points: 20
Statement made under stress of startling event. ADMISSIBLE.
Subject: Evidence | Points: 10
Model answer
**1. DYING DECLARATION (FL-Specific)** ADMISSIBLE. Florida admits dying declarations in ALL criminal cases—not just homicide (unlike federal rule). Victor believed death imminent.
**2. CHARACTER - DEFENDANT** ADMISSIBLE. Criminal defendant may introduce pertinent character trait. Peacefulness is pertinent to murder. Opens door for prosecution rebuttal.
**3. PRIOR INCONSISTENT = SUBSTANTIVE (FL-Specific - HIGH FREQUENCY)** ADMISSIBLE AS SUBSTANTIVE. Under FL Evidence Code § 90.801(2)(a), prior inconsistent statement given UNDER OATH is SUBSTANTIVE evidence—not just impeachment. It PROVES Dan stabbed Victor. This is DIFFERENT from federal rule.
**4. SPOUSAL PRIVILEGE (FL-Specific - HIGH FREQUENCY)** Florida does NOT recognize spousal immunity—Wanda CAN be compelled to testify generally. HOWEVER, Dan's confession was a CONFIDENTIAL MARITAL COMMUNICATION made privately between spouses. FL DOES protect confidential marital communications under F.S. 90.504. The confession itself is PRIVILEGED and Wanda cannot be forced to disclose it.
**5. EXCITED UTTERANCE** ADMISSIBLE. Statement made while under stress of startling event (stabbing). Relates to the event. Classic excited utterance.