You are given two scenarios in this question in which significant witnesses were excluded from testifying by trial judges. Please cite any applicable rules and analyze the issues from the perspective of the defense.
Some rules of evidence disqualify witnesses who have knowledge of relevant facts as well as the mental capacity to express their knowledge. These rules are great obstacles in the path to truth. Consider the following two hypothetical scenarios, and answer the questions that follow:
Impeaching a witness is a very important part of the litigation process. Please analyze this question in the context of the appropriate rules regarding impeachment.
One of attacks on a witness’s credibility used in the process of impeachment is by engaging the witness’s prior inconsistent statements.
Read the following case:
A driver of a car hits a bicyclist and drives away. Melanie testifies for the plaintiff. She says that the defendant’s car was moving at a speed of about 50 mph or more.
The defendant wants to impeach Melanie and presents the testimony of Wanda who says that Melanie told her a day after the accident that the defendant was driving slowly.
Wanda is a trooper; she does not remember Melanie’s statement. The defendant presents Wanda’s accident report, which was written a day after the accident. The report includes Melanie’s alleged statement.
Based on the case:
In your opinion, how much inconsistency should be allowed between a witness’ testimony and the previous statement(s) to permit impeachment? In your discussion, you can use arguments found in State v. Brown and Commonwealth v. West.
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