Ok, I’m going to be a law school nerd for a second. So you know that new company, Undercover Colors? If you don’t, my understanding is that it’s basically a small company working on making nail polish that can detect date-rape drugs, i.e. roofies, by dipping your fingernail (which has the dried nail polish on it) into your drink. The idea is that it will change colors in the presence of said drugs. They’re still in development. It seems like an interesting idea. There are apparently variations of this idea already out there, but they have not been made available to the wider public for one reason or another.
Hypo: Assume it’s out on the market and it works. We get a case where a girl used the nail polish on her finger to detect those drugs in her drink. Her nail polish changes to those indicative colors. [Bad things happen, much to her protest.] Fast forward, we’re in court, and prosecution wants to bring this evidence in to prove the defendant intended to have those bad things happened. Defense objects: hearsay, it was offered for the truth of the matter asserted.
So, would it be hearsay? How would we get around that issue? Maybe I should ask my professor? How would this even be “evidenced?”