Question

A defendant is on trial for a murder that occurred during a robbery at the victim's home. a witness helped the police artist compose an accurate depiction of the defendant. the witness was unavailable at the time of trial and the prosecutor offers the sketch into evidence. is the sketch admissible

Answer 1

No, as hearsay not within any exception.

Step-by-step explanation:

(B) The sketch is inadmissible on hearsay grounds. Under Rule 801 of the Federal Rules, prior identification can be admissible, and the sketch could be deemed a prior identification. However, to be admissible, the witness must be there to testify at trial and be subject to cross-examination. The witness in this case is unavailable; hence, this exception does not apply. (D) is therefore incorrect. (A) applies to documentary evidence and has no relevance to this question. (C) is likewise not applicable, because this exception applies only to information within the personal knowledge of the public employee. In this case, the public employee gained the knowledge from the hearsay statements of an absent witness.