Question

Several members of a small terrorist group are on trial in federal court for conspiring to bomb a military installation. The prosecution would like to introduce the testimony of a military guard at one of the installation's gates. The guard had been present when a bomb that was being planted by a member of the group had exploded prematurely. The guard will testify that she ran over to administer first aid to the member, who in great pain told her that his group was in the process of planting three other bombs in other areas of the military installation and was going to detonate them all at the same time to get publicity for their cause. The guard will also testify that the member disclosed the locations of the other bombs and the names of two other members of the group. The authorities were able to prevent the other bombings and arrest the other members of the group. The member died from his injuries.

What is the best basis for allowing the guard to testify as to the member's statements?
A. As a vicarious admission of a co-conspirator.
B. As a statement against interest.
C. As a statement of present state of mind.
D. As a dying declaration.

Answer 1

B- A statement against interest

Step-by-step explanation:

The member spoke to the guard about their plans including the locations of the other bombs and the names of the other group members. This was done against his interest and against the interest of the group he belonged to as it leaves him in a less advantageous position than if he had not disclosed the details. This is what a statement of interest entails.

A statement against interest is not the line of response first normally expected from a person in the position of declarant as the person would not have made such statement unless it was believed to be the truth by the declarant.

In this case, the statement made by the member, leaves him as well as his relations in the case of his death at a disadvantaged position and would not have been spoken of if the member did not believe it strongly to be the truth.

Answer 2

B. As a statement against interest.

Step-by-step explanation:

Several members of a small terrorist group are on trial in federal court for conspiring to bomb a military installation. The prosecution would like to introduce the testimony of a military guard at one of the installation's gates. The guard had been present when a bomb that was being planted by a member of the group had exploded prematurely. The guard will testify that she ran over to administer first aid to the member, who in great pain told her that his group was in the process of planting three other bombs in other areas of the military installation and was going to detonate them all at the same time to get publicity for their cause. The guard will also testify that the member disclosed the locations of the other bombs and the names of two other members of the group. The authorities were able to prevent the other bombings and arrest the other members of the group. The member died from his injuries.

The best basis for allowing the guard to testify as to the member's statements as a statement against interest.