1answer.
Ask question
Login Signup
Ask question
All categories
  • English
  • Mathematics
  • Social Studies
  • Business
  • History
  • Health
  • Geography
  • Biology
  • Physics
  • Chemistry
  • Computers and Technology
  • Arts
  • World Languages
  • Spanish
  • French
  • German
  • Advanced Placement (AP)
  • SAT
  • Medicine
  • Law
  • Engineering
Artist 52 [7]
3 years ago
11

A defendant was charged with the murder of a victim. During the course of the criminal trial, a witness testified on behalf of t

he defense that, at the time the murder took place, he saw someone who looked like the defendant dancing at a local nightclub. The defendant is eventually acquitted of the charge. Following the acquittal, the appropriate survivors of the victim bring a wrongful death action against the defendant. As part of her defense, the defendant wishes to introduce the testimony given at the criminal trial by the witness, who the defendant shows is now incarcerated in a prison in another state. Is the testimony of the witness admissible?
Social Studies
1 answer:
almond37 [142]3 years ago
8 0

Explanation:

The witness's testimony is inadmissible.

Under Federal Rule 804(b)(1), the testimony of a witness who is unavailable, given at another hearing, is admissible in a subsequent trial if there is sufficient similarity of parties and issues so that the opportunity to develop testimony or cross-examination at the prior hearing was meaningful.

The former testimony is admissible upon any trial of the same subject matter. The party against whom the testimony is offered or, in civil cases, the party's predecessor in interest must have been a party in the former action. "Predecessor in interest" includes one in a privity relationship with the party, such as grantor-grantee, testator-executor, life tenant-remainder man, and joint tenants.

These requirements are intended to ensure that the party against whom the testimony is offered (or a predecessor in interest in a civil case) had an adequate opportunity and motive to cross-examine the witness.

In the civil suit here at issue, the survivors of the victim were not parties to the criminal case, nor were they in privity with any such party. (The parties to that case were the defendant and the government.) These survivors, who are the plaintiffs in the instant litigation, are the parties against whom the testimony of the witness is being offered. Because they were not parties to the action in which the witness testified, they had no opportunity to cross-examine him. Even if the government had a similar motive to cross-examine the witness as do the plaintiffs in the current action, that is not sufficient to make the government a predecessor in interest to the plaintiffs. Consequently, the testimony of the witness does not come within the former testimony exception to the hearsay rule, and the testimony is inadmissible hearsay.   A victim and his former business.

You might be interested in
A food chain flows from blueberry bushes, to mice , to owls , and finally to bobcats. which organism is the secondary consumer?
vovangra [49]

Answer:

D. mice

Explanation:

5 0
3 years ago
Read 2 more answers
Which of the following statements about New Spain is true
VLD [36.1K]

The Spanish and the Native Americans had borrowed the language, foods, and customs from each other is what is true about New Spain. Hope this helps!

8 0
3 years ago
how HIV and AIDS is commonly spread in the context of unequal power relations leading to social Injustice among married couples
Bumek [7]
Do you have options?
3 0
3 years ago
what is some of the advice that the text recommends for government in terms of preserving the public interest?
tensa zangetsu [6.8K]

Through ensuring that producers inform customers and by regulating industries, the government promotes free enterprise and safeguards the public interest.

<h3>How does the government defend the rights of citizens?</h3>

In addition to other legal protections, the Bill of Rights forbids Congress from passing laws relating to the establishment of religion and forbids the federal government from denying anybody their life, liberty or property

<h3>What are the industries that are governed?</h3>

Among the most heavily regulated sectors in the US include banking, insurance, pharmaceuticals, energy, and the healthcare sector. Federal, state, and occasionally even municipal laws and regulations apply to these and other heavily regulated businesses.

To know more about preserving the public interest visit:

brainly.com/question/17272064?

#SPJ4

7 0
1 year ago
Which of the following is an example of an international text that describes
kow [346]
What are the choices?
5 0
3 years ago
Other questions:
  • When a number of young, gay men in new york, san francisco and los angeles began dying of a mysterious disease in the early 1980
    14·1 answer
  • In which period would Native Americans have been MOST likely to practice hunting and gathering?
    5·1 answer
  • When you are preparing to change lanes on a roadway or turn at an intersection you must check your blind spots by?
    14·1 answer
  • Which statements reflect the Democratic Party's position on energy? Check all that apply.
    10·2 answers
  • Which of these was a result of the Kansas- Nebraska act
    6·1 answer
  • The two facts from Parts C and D lead to the "inescapable conclusion" that individuals in a population will have unequal reprodu
    12·1 answer
  • Zoe would like to terminate an employee. She claims that the employee is always on her cell phone and not focusing on her work.
    15·2 answers
  • According to Hatfield, first you have
    15·2 answers
  • Which term best describes the idea that certain rights cannot be surrendered, transferred, or taken away? a constitutional b con
    5·2 answers
  • Berdiri tegak semasa menyanyi lagu
    15·1 answer
Add answer
Login
Not registered? Fast signup
Signup
Login Signup
Ask question!