Under United States law, an investigator's notebook may be used in court in which of the following scenarios?

Question

Options

• AWhen the investigator is unwilling to testify.
• BWhen other forms of physical evidence are not available.
• CTo refresh the investigators memory while testifying.
• DIf the defense has no objections.

• A
  3% (1)
• B
  6% (2)
• C
  88% (29)
• D
  3% (1)

Explanation

Under U.S. Federal Rules of Evidence (Rule 612), a witness - including an investigator - may use a writing to refresh their memory while testifying. The notebook is not independently admissible as evidence in most circumstances, but it can be used as a memory aid when the investigator is on the stand. Option A is wrong because if the investigator is unwilling to testify, their notes are generally inadmissible hearsay. Option B is incorrect - absence of other evidence does not make notes admissible. Option D is incorrect because the defense's lack of objection alone does not make hearsay admissible.

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