A witness is unable to recall certain details while testifying. The attorney offers to show the witness a personal journal to help the witness remember. What is the primary purpose of this procedure?
To help the witness recall details from their own memory when struggling to remember.
To confirm the content of the journal aligns with the witness's current testimony.
To provide the jury with an alternate record of the witness's testimony.
To directly introduce the journal into evidence as the source of the fact.
The primary purpose of using a document or other item to refresh a witness's memory is to assist the witness in recalling information they previously knew but have temporarily forgotten. The document or item is not being used as evidence itself but is instead a tool to help the witness connect with their prior memory. It's key to note that once the witness’s recollection is refreshed, they testify from their memory, not from the document. The document itself may later be introduced into evidence if required, under certain rules. Incorrect options confuse this concept with using the document as substantive evidence or misunderstanding the roles of rules about prior statements.
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