Which of the following is untrue about prior inconsistent statements?

A. If a statement made by the defendant at trial is inconsistent with a statement made at the time of arrest, Miranda warnings do not have to be been given prior to the statement being made for it to be admissible for impeachment.
B. If a statement made by the defendant at trial is inconsistent with a statement made at the time of arrest, Miranda warnings must be shown to have been given prior to the statement being made for it to be admissible for impeachment.
C. If made by defendant while in custody, Miranda warnings need not be shown to have been given prior to the statement being made for it to be admissible for impeachment.
D. For a pretrial statement by defendant to be admitted at trial as a prior inconsistent statement, it need not be independently admissible as an admission by a party opponent.


Answer: B

Criminal Justice

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