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A bank executive was on trial for embezzling $10,000 from the bank where he worked. A key witness for the prosecution was called to testify,
A bank executive was on trial for embezzling $10,000 from the bank where he worked. A key witness for the prosecution was called to testify, but on the stand he had difficulty remembering the specifics of a conversation he had with the executive regarding the executive's accounting procedures. To refresh the recollection of the witness, the prosecutor showed the witness a memorandum that the witness had written for his file, detailing the conversation. The witness reviewed the memorandum, and then testified that he recalled the conversation. He proceeded to testify about the specifics of the conversation. The defense counsel then asked that the memorandum be introduced into evidence. How should the court rule on the memorandum? Group of answer choices Admit the evidence if it determines that the witness's memory was not refreshed. Exclude the evidence if it determines that a reasonable jury would conclude that the witness's memory was refreshed. Exclude the evidence if it determines that the witness's memory was refreshed. Admit the evidence if it was used to refresh the witness's recollection
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