Question

Fred is on trial for robbing Sam's Electronics. The prosecution alleges that Fred broke into the warehouse behind the store and stole over $10,000 worth of TV's and stereos. To prove the number and value of the items that were stolen, the prosecution calls Gloria, who works as a stock clerk in the warehouse. She testifies that when she came to work the day after the robbery, she noticed that large amounts of inventory were missing. Gloria spent the entire day cataloguing the missing items, and at the end of the day put together a list which included twelve plasma televisions, thirty-two stereo systems, and eighteen digital video recorders. She gave the list to her manager. At trial, Gloria testifies that (1) she is unable to remember exactly what was stolen from the store, and (2) seeing the list would help to refresh her recollection. The prosecutor can: a. Show her the list and then take it away and have her testify from her 'refreshed recollection.' b. Have her read the list to the jury. c. Admit the list into evidence. d. (A) and (B), but not (C).

Answer 1

Answer:

a. Show her the list and then take it away and have her testify from her 'refreshed recollection.'

Explanation:

In the given scenario Gloria testifies that when she came to work the day after the robbery, she noticed that large amounts of inventory were missing. She spent the entire day cataloguing the missing items.

In the trial she said she can remember what was stolen.

Under rule 612 the prosecutor is allowed to.show her the list and them take it away. Gloria can now testify from her refreshed memory.

On the other hand if she said she could recall the items the prosecutor would have under the hearsay exception (rule 803 (5)) requested she state the missing items.

But in this case she said she cannot recall the items