Mel Gibson is tried on a charge of driving while intoxicated.  When Mel was booked at the police station, a videotape was made that showed him unsteady, abusive, and speaking in a slurred manner.  If the prosecutor lays a foundation properly identifying the tape, should the court admit it in evidence and permit it to be shown to the jury? 

(A)  Yes, because it is an admission.

(B)  Yes, because its value is not substantially outweighed by unfair prejudice.

(C)  No, because the privilege against self-incrimination is applicable.

(D)  No, because specific instances of conduct cannot be proved by extrinsic evidence.  

Answer