text: hypothetical questions what do you think? i was asked these in one of my classes and thought it would be fun to see what everyone else thinks ?  an innocent person involved in a bank robbery is taken to the hospital and tells the doctor who the person was that shot her. she then dies. should the doctor be able to testify to the identity of the shooter?    victim is being lead to an interrogation room at the police station and sees man in cuffs being lead down the hallway. victim begins to scream that that was the same person who attacked her. later she is unable to pick the same person out of a lineup. is the 1 st id good ? in the first example, the defendant would want to have the accuser crossed examined, as is his right, but won't be able to since the person is deceased; also, a clever attorney would claim and probably succeed in objecting under the heresay rule; additionally, credibility and the state of mind of the now deceased witness would be questioned (drug induced, delirious or hallucinating, not in right frame of mind... etc) and put enough doubts in a jury.  i am not familiar with the technicality of deathbed testimony but i am under the impression that more than one witness must be present and certain other circumstances must be met (knowing that she's dying, being of sound mind, etc).  the second example can be argued that the "witness" was prejudiced by the sight of the handcuffs and argue, furthermore, that the proof is in the inability to identify the same person in a lineup.  good question!  thumbs up for you!