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Evidence Fall 2022
Resource 8 . 2 . 5 . 3

OPTIONAL: National Association of Criminal Defense Lawyers' Objection to Rule 801(d)(1)(B)

Prof. Nina Chernoff

As the textbook explained, the hearsay exemption for prior consistent statements was ammended to apply not just when offered"to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying," but also when offered "to rehabilitate the declarant's credibility as a witness when attacked on another ground."

This letter was submitted by (NADCL) National Association of Criminal Defense Lawyers when the Evidence Rules Commitee was debating adding that second group. The letter explains why the new addition is so problematic. 

OPTIONAL: National Association of Criminal Defense Lawyers' Objection to Rule 801(d)(1)(B)

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