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MMLU / A man was on trial for murder. Following a recess, the man was in the hallway…

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question

A man was on trial for murder. Following a recess, the man was in the hallway outside the courtroom speaking with his attorney. During their conversation, the man said, "So what if I killed him, big deal. " The man's statement was overheard by the presiding judge as he was walking down the corridor to the rest room. The judge then informed the prosecuting attorney of the man's comment. After trial is reconvened, the prosecutor calls the judge as a witness to testify to what he heard the defendant tell his attorney. Upon objection by defendant's attorney, may the judge be called as a witness?

choices

  1. No, because the man's statement was a confidential communication and protected under the attorney-client privilege.
  2. No, because a judge may not testify in a matter over which he or she is presiding.
  3. Yes, because a judge has a duty to disclose incriminating evidence to the prosecution.
  4. Yes, because the man's statement was not a confidential communication.

subject

professional_law

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