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MMLU / A witness in a murder case does not make the same statement faithfully, but…

Problem

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question

A witness in a murder case does not make the same statement faithfully, but rather he has given different versions of his observations at different times to different persons and investigators. The prosecution put the witness on the stand at trial to tell what he observed. The defendant's counsel impeached his testimony by bringing up prior inconsistent statements and accusing him of changing his story for trial. The prosecution then attempted to rehabilitate his credibility by referencing prior consistent statements. Prior consistent statements are not generally admissible because they are said to be repetitive, cumulative and to unfairly bolster the witness's credibility. Will the court likely allow the prosecution to rehabilitate the witness using prior consistent statements under these facts?

choices

  1. No, because the witness cannot be rehabilitated once a successful impeachment has occurred.
  2. No, because it would tend to confuse the jury with too much conflicting evidence.
  3. Yes, because it is being used to rehabilitate a witness whose credibility was attacked.
  4. Yes, because all repetitive prior statements are important to show the consistency of the witness' testimony.

subject

professional_law

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Source and history

task_id
e11ce998-0b12-5245-a960-d1b73b522409
task_key
all--test--e11ce998-0b12-5245-a960-d1b73b522409
task_revision_id
1
config / split
all / test

Official source

initial import