Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
53. Should the court allow the investigator's testimony about the girlfriend's prior statement?
At a defendant's trial for bank robbery, the prosecutor has presented evidence showing that the robbery was committed at 9:10 a.m. During the defense case, the defendant's girlfriend testifies on direct examination that the defendant was at home with her until approximately noon on the day of the robbery. The prosecutor's first question during her cross-examination is, «On the day of the robbery, you were questioned by an investigator and told him that [the defendant] had left the house by 8 a.m., didn't you?» The girlfriend denies having made the statement and says that the investigator must have misunderstood her. In rebuttal, the prosecutor proposes to call the investigator, who would testify that the girlfriend told him in their interview that the defendant had left the house by 8 a.m. on the day of the robbery. The defendant objects to the investigator's proposed testimony about the girlfriend's prior statement.
This is a last question in category
« Go to questions from category Presentation of EvidenceComments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
A is incorrect. Federal Rule of Evidence 613(b) permits proof of a witness's prior inconsistent statement through extrinsic evidence so long as the witness has an opportunity to explain or deny the statement. Here, the girlfriend had that opportunity and denied the statement, making proof of the statement by extrinsic evidence permissible to impeach her testimony.
B is incorrect. While the girlfriend's prior inconsistent statement is inadmissible hearsay if offered for its truth, it may be admitted for the non-hearsay purpose of impeaching her testimony.
D is incorrect. The girlfriend's prior inconsistent statement is admissible only for impeachment purposes. If offered to prove the truth of the statement concerning the time the defendant left home, it would be inadmissible hearsay not within any exception.