Oscar Is on Trial for Beating Lola, His Wife

question 21

Multiple Choice

Oscar is on trial for beating Lola, his wife. Pat, a neighbor who saw Oscar hitting Lola, called the police. The violence escalated while Pat was talking to the 911 operator and Pat screamed, "He's going to kill her!" Lola was taken to the hospital. The officer confronted Oscar and asked him why he did it. Oscar did not answer. Five minutes later the officer arrested Oscar. The next day a police officer interviewed Lola and she made the following statement, "Oscar hit me because he was drunk. He does that all the time, but this time it was worse." Will Lola's statement be admissible if she ignores the subpoena and refuses to come to court to testify ?

• A) Yes, the officer tape recorded it.
• B) Yes, it is based on first-hand knowledge.
• C) No, her statements are admissible only if they qualify as spontaneous declarations.
• D) No, statements Lola made to the officer at the hospital are testimonial hearsay.