Sample Evidence Question #1
{"Image DocumentName": "Sample Evidence Question #1", "Image ImageDescription": "At Defendant\u2019s trial for sale of drugs, the government called Witness to testify, but Witness refused to answer any questions about Defendant and was held in contempt of court. The government then calls Officer to testify that, when Witness was arrested for possession of drugs and offered leniency if he would identify his source, Witness had named Defendant as his source. The testimony offered concerning Witnesses\u2019s identification of Defendant is. Admissible as a prior inconsistent statement by Witness. Admissible as an identification of Defendant by Witness after having perceived him. Inadmissible, because it is hearsay not within any exception. Inadmissible, because Witness was not confronted with the statement while on the stand. Answer: C. HEARSAY. (A): incorrect\u2014this is not applicable because a prior inconsistent statement must be subject to cross and be sworn. (B): incorrect\u2014an identification after perception testimony must also must be sworn and subject to cross. (C): correct\u2014no exception for this type of hearsay. (D): incorrect\u2014true statement but the question is asking about the Officer\u2019s testimony and whether it is hearsay or an exception\u2014this doesn\u2019t give a reason why the testimony would be inadmissible.", "Image XResolution": "37", "Image YResolution": "37", "Image ResolutionUnit": "Pixels/Centimeter", "Image Software": "SlidePlayer", "Image YCbCrPositioning": "Centered"}