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Several defendants, senior executives of a corporation, were charged with securities fraud. The government called Erin, another executive of the corporation, as a witness. Erin
Several defendants, senior executives of a corporation, were charged with securities fraud. The government called Erin, another executive of the corporation, as a witness. Erin had not been charged and had been given immunity from prosecution. The government asked Erin to authenticate handwritten notes that she had made after meetings of the corporation's management team at which the alleged fraud was discussed. Erin testified that she had prepared the notes on her own initiative to help her remember what had happened at the meetings. After Erin's testimony, the government offered the notes into evidence to establish what had happened at the meetings. Should Erin's notes be admitted? Group of answer choices Yes, because they are business records. No, because the notes are hearsay not within any exception. Yes, because they are past recollections recorded. No, because Erin's immunity agreement with the government makes her notes untrustworthy and thus substantially more prejudicial than probative
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