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.
51. Is the roommate's testimony admissible?
A defendant was charged with manufacturing methamphetamine with intent to distribute. At the defendant's trial, the prosecutor calls the defendant's college roommate. The roommate will testify that when he and the defendant were in college, eight years before the trial, he saw the defendant use cocaine on several occasions while studying for finals. The defendant objects to the roommate's testimony.
Comments (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
B is incorrect. Under FRE 404(b), a conviction is not a prerequisite to the admissibility of other crimes evidence. The testimony of the defendant's college roommate is nonetheless inadmissible as improper character evidence.
C is incorrect. Under FRE 404(b), evidence of some uncharged crimes may be admitted to show intent; however, the defendant's personal use of cocaine in college sheds no light on his intent to distribute methamphetamine years later.
D is incorrect. Under FRE 404(b), evidence of some uncharged crimes may be admitted to show knowledge; however, the defendant's personal use of cocaine in college sheds no light on his knowledge that the substance he was allegedly manufacturing was methamphetamine or that such conduct was illegal.