Author Topic: Opening Arguments #TTTBE  (Read 3009 times)

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Offline Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #90 on: May 08, 2018, 11:17:26 AM »
Hmm.  Well, this is a poser.
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Online Redamare

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Re: Opening Arguments #TTTBE
« Reply #91 on: May 15, 2018, 07:06:29 AM »
Got the honorable mention for my answer this week
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Re: Opening Arguments #TTTBE
« Reply #92 on: May 19, 2018, 02:49:13 AM »
Quote from: New TTTBE Question
A defendant was charged with burglary.  At trial, a police officer testified that after the defendant had been arrested and had agreed to answer questions the officer had interrogated him with a stenographer present, but that the officer could not recall what the defendant had said.  The prosecutor presented the officer with a photocopy of the stenographic transcript of the interrogation.  After looking at it the officer began to testify that he recalled that the defendant had admitted to being in the area of the burglary.  The defendant had objected to the officer's testimony on the grounds that it violates the Original Document Rule, also known as the Best Evidence Rule.  Should the officer's testimony concerning the defendant's recorded confession be admitted?

A.  No.  Because a photocopy cannot be used without showing that the original is unavailable.

B.  No.  Because the stenographer has not testified to the accuracy of the transcript.

C.  Yes.  Because a photocopy is a duplicate of the original.

D.  Yes.  Because the prosecutor is not attempting to prove the contents of the document.

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Re: Opening Arguments #TTTBE
« Reply #93 on: May 19, 2018, 03:10:58 AM »
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Online Redamare

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Re: Opening Arguments #TTTBE
« Reply #94 on: May 19, 2018, 04:41:08 AM »
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Certainty is the enemy of wisdom.

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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #95 on: May 19, 2018, 08:45:52 AM »
I would go with D.  I agree that you need to go with the best source, but what is tripping me up is how that is determined according to the rules of evidence.
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