Question

A witness was stopped at an intersection when she saw a car run a red light, strike the victim in the crosswalk, and proceed through the intersection. The witnessgave a very detailed description of the driver to the police officer at the scene.Based on this description, the police apprehended the defendant and charged him with several criminal counts for the accident. The witness testified at the criminaltrial, but the defendant was acquitted. The victim then filed a civil suit against thedefendant to recover for her injuries. Before the trial of the victim's suit, the witnessdied. In her suit against the defendant, the victim offers into evidence the policereport containing the witness's description of the driver. The defendant objects. The court should find the report:
A. Admissible, because the declarant is unavailable.
B. Admissible, because the report falls within the business records exception to the hearsay rule.
C. Inadmissible, because the report is hearsay not within any exception.
D. Inadmissible, because the report was made by law enforcement personnel for the purpose of prosecuting a criminal case.

Answer 1

Answer:

C). Inadmissible, because the report is hearsay not within any exception.

Explanation:

As per the given details, the court must find the report 'inadmissible, and the key reason is that the report is hearsay which does not come under any exception.' The court is permitted to accept a report of witness' statement only if the statement is made under oath or witness himself/herself confirms the statement in the court and the court is satisfied that the statement is reliable. The other options are incorrect as they either misrepresent the way in which statement was acquired(option D) or due to inappropriately taken(without oath) i.e. stated in option A. While option B is false as the public records cannot be considered as business records and thereby, not reliable. Thus, option C is the correct answer.