Assume That a Defendant Had Told Several Persons That He

Multiple Choice

Assume that a defendant had told several persons that he was going to kill Wanda and the witnesses observed him sharpening a hunting knife that he said was going to be used to kill Wanda. Assume that Wanda's body was discovered near the defendant's home with stab wounds. The people who heard the defendant's threats and saw him sharpening the knife could:

A) not testify concerning the defendant's earlier statements because that would be constitutionally suspect because he has a right not to incriminate himself.
B) not testify against the defendant because the prejudicial value of the evidence outweighs any probative value because no one can know what the defendant was really thinking.
C) testify against the defendant because circumstances preceding a criminal act are usually considered relevant and admissible to demonstrate what a defendant did or said.
D) not be permitted to testify because this kind of evidence is not relevant when offered by the prosecution.