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the witness is subject to cross-examination about the prior statement. [4] There is no requirement that the prior consistent statement have been made under oath at a prior trial or hearing. A form of prior consistent statement excepted from this rule is that of prior identification by the witness of another person in a lineup. [citation needed]
The United States Federal Rules of Criminal Procedure defines a witness statement as: "(1) a written statement that the witness makes and signs, or otherwise adopts or approves; (2) a substantially verbatim, contemporaneously recorded recital of the witness's oral statement that is contained in any recording or any transcription of a recording ...
A written statement made by the witness and signed or otherwise adopted or approved by him; A stenographic, mechanical, electrical or other recording, or a transcription of it, which is substantially verbatim recital of an oral statement made by the witness to an agent of the Government and recorded contemporaneously with the making of such ...
(b) Where however the prosecution evidence is such that its strength or weakness depends on the view to be taken of a witness's reliability or other matters which are generally speaking within the province of the jury and where on one possible view of the facts there is evidence upon which a jury could properly come to the conclusion that the defendant is guilty, then the judge should allow ...
The rule excluding hearsay arises from a concern regarding the statement's reliability. Courts have four principal concerns with the reliability of witness statements: the witness may be lying (sincerity risk), the witness may have misunderstood the situation (narration risk), the witness's memory may be wrong (memory risk), and the witness's perception was inaccurate (perception risk). [8]
Long before Chicago police Officer Jason Van Dyke shot and killed a black teenager, sparking a public outcry and now a Justice Department probe into the city’s troubled police department, he had established a track record as one of Chicago’s most complained-about cops. Since 2001, civilians have lodged 20 complaints against Van Dyke. None ...
Second, "if the statement is videotaped in its entirety". Third, "if the opposing party, whether the Crown or the defence, has a full opportunity to cross‑examine the witness at trial respecting the statement". Lamer CJ also made clear that substitute reliability guarantors could be accepted in place of these strict guidelines, in certain cases.
A Texas woman is charged with murder after police say she fatally shot her husband, lit his truck on fire and fled the scene in a kayak. That same day, deputies in Calhoun County responded to a ...