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
Help! I’ll give points
Svet_ta [14]

Explanation:

The sea journey undertaken by slave ships from West Africa to the West Indies. (this is the only one I know)

6 0
2 years ago
Explain two failures of economic planing in india ?
7nadin3 [17]

Price level rose on average by 63 percent in second plan, 5.8% in third plan, 9% in fourth plan, 6.3% in fifth plan, 3.6 percent in Ninth plan and 4% in 2004-05. Furthermore, the plan witnessed only increase in inequality. Rich Class becomes richer and poor class poorer. This inequality is found not only in industrial sector but in agriculture sector also. According to one estimate, 3 percent of household own roughly 50 percent of cultivable land. Hope this helps and if your feeling generous, leave a rate, thanks, and brainliest. ;)


6 0
3 years ago
A.The James-Lange theory of emotion states that a cognitive experiences of emotion determine the extent of our physiological aro
jeka94

Answer:

c. the expression of emotion reduces our level of physiological arousal.

Explanation:

Hello! The theory suggests that emotions occur as a result of physiological reactions to events. In addition, this emotional reaction is dependent on the way we interpret those physical reactions. This means that for example we do not cry because we are sad, we are sad because we cry.

Thanks for your question!

8 0
3 years ago
WHAT WERE THE NAMES OF THE TWO RULERS THAT EXILED THE JEWS AND MUSLIM PEOPLE ?
marusya05 [52]

Answer:

Explanation:

i know im late but i think hittler tried to kill many jews in germany by the time of world war 2

6 0
3 years ago
Please help!! :) <br><br> .....
34kurt
1. Produce cotton, woolens, and various types of fabric
2. 12-14 hours every day, and half on Saturday
3. They were able to help provide for their familie’s mortgages/help their families altogether
4. The girls used their money to help provide for their family
5. Read books
6 0
2 years ago
Other questions:
  • ​which of these do producers of an item hope to achieve when adopting new technologies
    6·1 answer
  • In one massive study of 11,000 twin pairs in four countries, the heritability of general intelligence (g) ________ between middl
    9·1 answer
  • To what degree, if any, did WWI solve the problems that caused it?
    15·1 answer
  • According to Indian religious and philosophical practices, people must fulfill a moral duty which is called
    5·2 answers
  • Tyrelle is thinking a lot about his life and where he would like to be in five years. He is beginning to realize that if he want
    7·1 answer
  • How could the state have attempted to ensure that fracking continued?​
    10·1 answer
  • What is informed consent?
    10·1 answer
  • Write down the definitions of Limited and Unlimited Governments. Which governments are limited and which governments are unlimit
    10·1 answer
  • Which of the following is true of the Executive Office of the President?
    9·1 answer
  • Three main factors that determine poverty are:
    11·1 answer
Add answer
Login
Not registered? Fast signup
Signup
Login Signup
Ask question!