MBE Rules · Evidence
Prior Statement of Identification
FRE 801(d)(1)(C)
The rule
A declarant-witness's earlier identification of a person is non-hearsay substantive evidence when the declarant testifies and is subject to cross-examination about it.
In plain English
A prior statement of identification is considered non-hearsay and can be used as evidence if the witness who made the identification testifies in court and can be cross-examined about that statement. This means that the jury can consider the earlier identification as reliable evidence of the person's identity.
Worked example
During a robbery trial, a witness testifies that they previously identified the defendant in a police lineup. The witness is available for cross-examination about their identification. The jury can use this prior identification as substantive evidence that the defendant is the robber.
Memory hook
If the witness is on the stand, their ID sticks!
The trap
Exams may present scenarios where the witness's prior identification is not properly authenticated or where the witness is unavailable, leading students to mistakenly classify it as hearsay.
How examiners test it
Questions often focus on whether the witness can be cross-examined about their prior identification, testing students' understanding of the non-hearsay nature of such statements.
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