Multistate Bar Examination Practice Question

During a trial for burglary, the prosecution's main witness, Jamie, testifies that they observed the defendant, Alex, enter the victim's residence on the night of the incident. On cross-examination, the defense presents a prior statement where Jamie mentioned they did not observe anyone entering the house that evening. What is the most appropriate way for the defense to utilize this prior statement?

  • Disregard the prior statement as irrelevant to the current testimony.

  • Suggest that Jamie has forgotten important details about the event.

  • Use the prior statement to challenge the reliability of Jamie's current testimony by highlighting the discrepancy.

  • Introduce the prior statement as evidence that the defendant was not present at the scene.

Multistate Bar Examination
Evidence
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