Log In Create Account
Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Question Type
Question Source
0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
Next

Question

A case is charged with Illegal possession of dangerous drugs with intent to distribute. The information alleges that on 14 February 2026 at a drug den in Metro City, the accused possessed 1.2 kilograms of methamphetamine with intent to distribute. During trial, the prosecution seeks to admit: (a) an uncharged incident of possession with intent to distribute at a different location within the same month, claimed to show a pattern and intent; (b) a CCTV video from the drug den’s exit showing the accused handling packages, offered for identification but with no proper foundation or chain-of-custody testimony for the video; (c) a prior arrest record for a separate offense to suggest propensity. The defense objects to (a) and (c) as outside the charged offense and prejudicial; The court sustains the objections to (a) and (c) but overrules the objection to (b) and admits the CCTV video for identification. The defense moves for acquittal or for dismissal on the ground that the prosecution is exceeding the charge (variance). (1) Identify the controlling doctrine governing the court’s rulings on prosecutorial conduct in this scenario. (2) Distinguish this doctrine from the concepts of (a) variance between information and evidence and (b) the procedure to amend the information. (3) Apply the doctrine to the facts: which rulings are correct or incorrect, and what is the proper remedy for the defense given the information as charged?

Choose the Best Answer

Clara

Hello