What is the admissibility of prior identifications under Rule 801(d)(1)?

• A. Prior identifications by a declarant who testifies and is subject to cross-examination are admissible if the declarant testifies about the identification.
• B. Prior identifications are inadmissible if the declarant testifies.
• C. Prior identifications are admissible only if the declarant is unavailable.
• D. Prior identifications are admissible regardless of the declarant's testimony.

Answer: (C)

Under Rule 801(d)(1), a prior statement of identification is not hearsay if the declarant testifies at trial and is subject to cross-examination about that identification, and the identification was of a person made after perceiving that person. The key point is that the declarant’s testimony and ability to be cross-examined are what make the prior identification admissible to prove the person’s identity. The declarant’s unavailability is not a requirement for this rule to apply; unavailability governs different hearsay exceptions, not this identification rule. So the admissibility rests on the declarant’s trial testimony and cross-examination regarding the prior identification, not on whether the declarant is unavailable.