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MMLU / A bank teller was on trial for embezzlement. The prosecution offered into…

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question

A bank teller was on trial for embezzlement. The prosecution offered into evidence the bank's daily deposit and tally records for a six month period, to show that total deposits did not reconcile with the total funds received and recorded. The prosecution tried to enter the records as exhibits without certification or the testimony of an official bank custodian of records. Defense counsel objected on the basis of hearsay. Is the court likely to order the evidence inadmissible without further proof of authenticity?

choices

  1. No, because the trial court has wide discretion in allowing documentary evidence that is regularly kept by a business.
  2. Yes, because a qualified bank employee must first authenticate them in person or provide a certification in compliance with the rules.
  3. No, because business records kept on a regular basis are allowed as an exception to the hearsay rule and no further qualification is required.
  4. Yes, because bank records are not included in the hearsay exception for business records.

subject

professional_law

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