Veracity Flashcards
(4 cards)
what is a veracity trap…
(veracity trap – introduce the bad parts of the statement into record and then force a decision on defense, if they want exculpatory infor can do one of two things, call defendant to testify and be subject to cross/have their own character trait for untruthfulness, or try to introduce rest of statement under doctrine of completeness).
what case does this come from
United States v. Goldwire
Goldwire Rule
The credibility of an out-of-court statement of a party opponent may be attacked if the opponent introduces his own hearsay statement into evidence.
Goldwire facts
Shawn Goldwire (defendant), an Air Force servicemember, was charged with raping a fellow servicemember. The alleged rape happened at a house party while both parties were intoxicated. At trial, Goldwire did not testify. Special Agent Donald Phillips was called by the prosecution and testified that during an investigation, Goldwire admitted to having sexual intercourse with the alleged victim. On cross-examination, the defense asked Phillips about certain out-of-court statements Goldwire made to Phillips that indicated the alleged victim was participating in the intercourse.