In a criminal trial, the defense seeks to exclude a prosecution witness who has a prior friendship with the victim, arguing that the witness may be biased. Under the FRE, how should the court determine whether to exclude this witness?
The court excludes the witness if the defense proves actual bias.
The court permits the witness to testify if the defense demonstrates lack of actual bias.
The court excludes any witness with a prior relationship with the victim.
The court excludes the witness due to potential bias.
Under the FRE, a witness may only be excluded if there is a showing of actual bias or prejudice that impairs their ability to testify fairly. Potential bias, such as a prior friendship, does not automatically warrant exclusion; instead, it may be addressed through cross-examination to impeach the witness's credibility. Therefore, the court excludes the witness only if the defense proves actual bias.
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What is actual bias in the context of witness testimony?
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What are the Federal Rules of Evidence (FRE)?
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How can the defense challenge a witness's credibility during cross-examination?