Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

In this question, the brother is a hostile witness, but that doesn't mean he is unavailable to testify. Explain why hostile witness doesn't mean unavailable

In this question, the brother is a hostile witness, but that doesn't mean he is unavailable to testify. Explain why hostile witness doesn't mean unavailable to testify..

image text in transcribed
Question A defendant has been sued for theft by his former employer. At trial, the employer seeks to call the defendant's estranged daughter to testify. The daughter would testify that her brother told her, \"I helped [the defendant] steal money from his employer.\" The brother is available to testify but would be a hostile withess. The defendant's attorney objects to the daughter's testimony on hearsay grounds. The employer argues that the statement is admissible under the hearsay exception for statements against interest. Should the court permit the daughter to testify about her brother's statement over the defendant's objection? No, because the brother is available to testify. B No, because the hearsay exception for statements against penal interest applies only in criminal cases. C Yes, because the statement exposes the brother to criminal liability. D Yes, but only if corroborating circumstances clearly indicate the statement's trustworthiness

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

The Legal Environment of Business

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

11th Edition

9781133419716, 538473991, 1133419712, 978-0538473996

More Books

Students also viewed these Law questions