312-49 · Question #674
During the trial, an investigator observes that one of the principal witnesses is severely ill and cannot be present for the hearing. He decides to record the evidence and present it to the court…
The correct answer is B. Limited admissibility. Limited admissibility is a legal rule that allows evidence to be admitted in court for a specific, restricted purpose even when it would not be fully admissible under normal circumstances. When a key witness is unavailable due to severe illness, a recorded statement or…
Question
During the trial, an investigator observes that one of the principal witnesses is severely ill and cannot be present for the hearing. He decides to record the evidence and present it to the court. Under which rule should he present such evidence?
Options
- ARule 1003: Admissibility of Duplicates
- BLimited admissibility
- CLocard's Principle
- DHearsay
How the community answered
(17 responses)- A12% (2)
- B82% (14)
- D6% (1)
Explanation
Limited admissibility is a legal rule that allows evidence to be admitted in court for a specific, restricted purpose even when it would not be fully admissible under normal circumstances. When a key witness is unavailable due to severe illness, a recorded statement or testimony can be presented under limited admissibility, with the court instructing the jury on the restricted scope in which they may consider the evidence. Rule 1003 covers admissibility of duplicates (copies of original documents). Locard's Principle is a forensic science principle stating that every contact leaves a trace. Hearsay refers to out-of-court statements offered to prove the truth of the matter, which is generally inadmissible without a specific exception.
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