TTTBE #26: Early Answer for Patrons (Patreon)

If you're rooting for Thomas to pass the bar exam, you're going to be disappointed.  On the other hand, if you're an early investor in Thomas's Second Chance Law Firm, you're going to be thrilled.

Yes, yet again, Thomas's second choice, "C" is the correct answer, whereas Thomas's actual answer, "B" is incorrect.  Thomas is now 11-for-26 and needs a solid streak to get back above water again.

This question tested two things:  (1) whether you knew the hearsay rule, and (2) whether you knew that composite witness sketches are inherently unreliable.  I have to admit that I wasn't completely sure about (2) myself, but apparently they are.

The question asked whether a composite sketch based on a witness's testimony who had died before trial would be admissible.

Answer (A) was that the police used the sketch to find the defendant and therefore it "must be an accurate representation" and must be admitted.  This is a silly answer.

Answer (B), Thomas's choice, said that the composite sketch was "in the nature of the written recollection of the decedent at a time close to the crime" and was therefore reliable.  This sounds good and all, but isn't true.

The right answer, (C), noted that the statement was hearsay and thus deprived the defendant of the right to cross-examine the declarant AND that such sketches are inherently unreliable.

Answer (D) was that the sketch "was drawn up days after the event and is in violation of the best evidence rule," which is just legalese words that have no relation to this actual question.  Thomas correctly excluded this answer.

Thanks for playing along and stay tuned for TTTBE #27 on Friday!