Question

A defendant is on trial for robbing a liquor store. The store clerk testified that the defendant came into the store at about 11 p.m., pointed a black gun with a silver grip at him, and demanded that he give him all the money in the cash register. The clerk testified that the store was well lit and that the defendant was not wearing a mask. The defendant's attorney called the clerk's employer to testify that when the clerk gave her a report of the robbery, he told her that the defendant pointed a silver gun with a black grip at him.
How should the trial judge rule on the admissibility of this testimony?
A. Admissible, because it tends to show that the clerk is an unreliable witness.
B. Admissible, because it has bearing on the clerk's truthfulness and veracity.
C. Inadmissible, because it is extrinsic evidence of a prior inconsistent statement on a collateral matter.
D. Inadmissible, because it is hearsay not subject to any exceptions.

Answer 1

Answer:

C Inadmissible, because it is extrinsic evidence of a prior inconsistent statement on a collateral matter.

Explanation:

A defendant is on trial for robbing a liquor store. The store clerk testified that the defendant came into the store at about 11 p.m., pointed a black gun with a silver grip at him, and demanded that he give him all the money in the cash register. The clerk testified that the store was well lit and that the defendant was not wearing a mask. The defendant's attorney called the clerk's employer to testify that when the clerk gave her a report of the robbery, he told her that the defendant pointed a silver gun with a black grip at him.

How should the trial judge rule on the admissibility of this testimony?

The evidence should not be accepted by the Judge. if the the earlier statement is contrary, it is not a enough to dismiss the witness.(A) and (B) are incorrect because, The clerk may be reliable or not. The evidence she provided is not enough to prosecute the defendant. she might not be totally correct in the reporting of the situation and might leave the judge confused. (D) is not correct