Hi what about statements an “in shock +traumatized” victim of crime makes just hours after being in the ER?.... It’s okay if those statements made to the intake patrol officers when they go into her apartment and she feels frightened.... vs how she details things to a Detective later... should be considered “inconsistency” right?
These are arguments, not concrete answers. So, yes, the opponent may argue inconsistencies between statements made at different times and under different circumstances. Yet, the proponent would argue that the statements are not inconsistent, even if one is more detailed. Do keep in mind that inconsistent statements under this rule must be made under oath and at a “proceeding.”
Just got to say thank you! Your three videos on Rule 801(d) have been very helpful for me.
Glad you like them!
You are the best! Thank you so much professor.
Studying for the bar.. very helpful video.
literally so helpful thank you
Hi what about statements an “in shock +traumatized” victim of crime makes just hours after being in the ER?.... It’s okay if those statements made to the intake patrol officers when they go into her apartment and she feels frightened.... vs how she details things to a Detective later... should be considered “inconsistency” right?
These are arguments, not concrete answers. So, yes, the opponent may argue inconsistencies between statements made at different times and under different circumstances. Yet, the proponent would argue that the statements are not inconsistent, even if one is more detailed. Do keep in mind that inconsistent statements under this rule must be made under oath and at a “proceeding.”
Professor, thank you.
So helpful! Thank you
You are so welcome!
All I can say is Ooooooooooo thank you
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