This preview shows page 1. Sign up to view the full content.
Unformatted text preview: ave, no present recollection of the identity of the person. Ordinarily a witness is regarded as "subject to cross-examination" when he is placed on the stand, under oath, and responds willingly to questions. Rule 804(3): "Unavailability of a witness" includes situations in which a declarant "testifies to a lack of memory of the subject matter of the declarant's statements" Congress was aware of the recurrent evidentiary problem at issue here witness forgetfulness but chose not to make it an exception to Rule 801(d)(1). Notes: Cross-examination does not necessarily mean effective cross-examination...just because you don't remember does not mean that it is not cross-examination!! Cross-examination was properly used in this case to impeach Foster's credibility meets the confrontation clause!! o He was cognizant..answered every question...doesn't matter that sometimes his answer was "I don't remember"... if anything, his memory loss actually wins points for the defendant! (Impeaches his credibility) HEARSAY EXCEPTIONS: ADMISSIONS BY A PARTY-OPPONENT [FRE 801(d)(2)]
801(d)(2) General Notes Allows for...
View Full Document