00. Rule Statements

Question 1

Hearsay

Answer 1

Evidence > Hearsay > General

Hearsay is an out-of-court statement that is offered to prove the truth of the matter asserted. Hearsay evidence is generally inadmissible unless it falls within a hearsay exception or exclusion.

Question 2

Present sense impression

Answer 2

Evidence > Hearsay > Exception

A present sense impression is an out-of-court statement describing or explaining an event or condition that is made while or immediately after the declarant perceived it. A present sense impression is an exception to the hearsay rule and admissible regardless of the declarant’s availability to testify.

Question 3

Excited utterance

Answer 3

Evidence > Hearsay > Exception

An excited utterance is a statement made about a shocking or startling event made while the declarant is under the stress of excitement that caused it. An excited utterance is an exception to the hearsay rule and admissible regardless of the declarant’s availability to testify.

Question 4

Testimony

Answer 4

Evidence > Hearsay > 6th Amendment/Confrontation Clause

A statement that is made for the primary purpose of ascertaining past criminal conduct is testimonial. By contrast, a statement made primarily to enable police to render aid to meet an ongoing emergency is not testimonial. To determine whether a statement is testimonial requires an objective analysis of the circumstances regardless of the subjective purpose of the participants.

Question 5

Out-of-court testimony against criminal defendant

Answer 5

Evidence > Hearsay > 6th Amendment/Confrontation Clause

For an out-of-court testimonial statement (i.e., hearsay) to be admissible against a criminal defendant, the Sixth Amendment Confrontation Clause requires that the declarant must be unavailable and the defendant must have had a prior opportunity to cross-examine the declarant.