Question
In the criminal prosecution of the Defendant for burglarizing the Victim's store and stealing a box of CDs of the New York Philharmonic's performance of
In the criminal prosecution of the Defendant for burglarizing the Victim's store and stealing a box of CDs of the New York Philharmonic's performance of Beethoven's 9th Symphony, a carton of CDs of the same title was found in the Defendant's home. The prosecutor calls the Victim to the stand, shows the Victim a carton of CDs, and asks if she recognizes it. The Victim positively identifies it as the carton of CDs that was stolen from her store. When asked why she was able to say so, the Victim answered that she recognizes a crushed corner of the carton.
The defense objects. Which of the following is correct? ***Hint...refer to the "Authentication Checklist" from Final Exam Materials.
A. | The Victim's testimony is admissible if the court finds the box presented at trial is in fact the box that was stolen from the Victim's store. | |
B. | The Victim's testimony is admissible if the court finds that there is evidence sufficient to support a finding that this is the same box that was stolen from the Victim's store. | |
C. | The Victim's testimony is inadmissible because it is impossible to tell one box of CDs from another. | |
D. | The Victim's testimony is inadmissible because only the Defendant is qualified to identify the box. |
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