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Question
You are an attorney defending Joe Smith, who has been charged with murder. The policeman who first arrived at the scene testifies that he "knows Joe Smith is the murderer" because the victim told him so before dying. What is your best course of action?A) You can do nothing because dying declarations are assumed to be true.
B) You can object and ask the answer to be stricken from the record because the policeman can testify as to what was said, but may not offer any judgment about the statement's truthfulness.
C) You can ask on cross-examination how the policeman knows the victim was telling the truth.
D) Your best move would be to ask for a recess to negotiate a plea bargain.
E) None of the above.
Answer
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