Hearsay Admission (Model Examination)

From Criminal Law Notebook
Refresh (Jogging Memory)
  • exhaust memory that is responsive to question.
  • confirm that it all they can remember.
  • confirm that they had a memory in the past and are having trouble recalling it.
  • ask whether whether review of <document> would assist in jogging their memory.
  • seek direction from the court.
  • provide <document> to witness and direct them to the page(s).
  • tell them to read it silently and notify you when they are done.
  • ensure they are not looking at the document when they are answering questions.
Refresh (Coffin procedure)
  • Prove prior statement:
    • confirm they gave a prior statement, the date and time.
    • show them the statement and see if they recognize it. Confirm any signature of theirs.
    • confirm who are the parties to the statement, including the officer.
    • confirm that it is their statement that they gave.
    • IF the witness denies it, you will have to call the officer who took the statement.
  • refresh memory:
    • confirm they had a chance to read it after they wrote it.
    • confirm they had a chance to make changes and determine whether they did.
    • re-ask the initial question.