DIRECTIONS: For this extra credit assignment, you will consider 5 items of evidence. For each, state whether or not it is hearsay, using the definition explained in class. Please restate the definition in each answer. Explain your answer in at least 2 sentences. In other words, a sample answer might be:

Sample Question: In a prosecution for murder, the defense, in order to prove defendant was insane at the time of the murder, seeks to present defendant's statement to his mother, "I am Julius Caesar, come to save the world."

Sample Answer: This is NOT hearsay. Hearsay is an out of court statement used in court to prove the truth of the contents of the statement. Here, while it is an out of court statement used in court, the defense is not trying to prove the truth of the statement, namely that defendant is Julius Caesar. Obviously, the statement is not true. Rather, the defense is trying to prove defendant's state of mind.

Items of Evidence: Assume that defendant Frank, a member of Alpha street gang, is on trial for murdering Pete, a member of a rival gang Beta.

1. To prove that Frank did the murder because Pete was in a rival gang, the prosecution would like to present a post from Frank's Instagram in which he wrote the day after the murder, "Yesterday I killed a Beta scum."

2. To prove that Frank did the murder because Pete was in a rival gang, the prosecution would like to present a post from Frank's Instagram in which he wrote the day after the murder, "Alpha Gang is the best street gang in the world." (Hint: do not focus on relevance but on hearsay. Is the prosecution using this statement to prove that it is true?)

3. To prove that Frank did not commit the murder because he was in Puerta Vallarta the day of the murder, the defense would like to present a post from Frank's Instagram in which he wrote the day after the murder, "Yesterday, I was in Puerta Vallarta having a great time!"

4. To prove that Frank did not commit the murder because he was in Puerta Vallarta the day of the murder, the defense would like to present a post from Frank's Instagram in which he wrote the day after the murder, "Puerta Vallarta is the coolest city in the world."

5. To prove that Frank is lying on the witness stand, after he testifies that he was in Puerta Vallarta the day of the murder, the prosecution would like to introduce a statement Frank made to the police while being interrogated, "I could not have committed the murder because I was in London England on the day of the murder."