Chapter 7 Hearsay: Definition and Applications (Evidence Book p. 294-297) Flashcards
Because _________ ________ of a witness is the hallmark of our adversarial truth-finding system, we generally want to hear only from witnesses who are actually in the court-room, and subject to ____ __________, rather than just being told about someone’s previous out of court statements.
cross-examination
cross-examination
The rule against hearsay makes such statements inadmissible because they are often unreliable, not subject to the scrutiny of cross-examination when made (where _______, _______, _______ and ________ of the person can be tested), usually not made under oath, and they deny to the parties the opportunity to confront witnesses against them, as well as deny to the jury the opportunity to assess the demeanor evidence of the person making the statement.
perception, memory, narration, and sincerity
Hearsay Analysis. Consider the following five steps in determining whether an out-of-court statement is hearsay:
1. ?
2.
3.
4.
5.
- Identify the Declarant and identify the Witness who repeats the statement in court
Hearsay Analysis. Consider the following five steps in determining whether an out-of-court statement is hearsay:
1.
2. ?
3.
4.
5.
- Determine whether the Declarant has made a “Statement”
Hearsay Analysis. Consider the following five steps in determining whether an out-of-court statement is hearsay:
1.
2.
3. ?
4.
5.
- Determine whether or not the statement was one that the Declarant did not make while testifying at the current trial or hearing
Hearsay Analysis. Consider the following five steps in determining whether an out-of-court statement is hearsay:
1.
2.
3.
4. ?
5.
- Determine if the “Statement” contains a direct assertion; and,
Hearsay Analysis. Consider the following five steps in determining whether an out-of-court statement is hearsay:
1.
2.
3.
4.
5. ?
- Determine whether the statement was offered to prove the truth of the matter asserted in the statement.
_________ is defined as an out-of-court statement (either written or oral assertions, or assertive conduct intended as a communication) made by a declarant (the person who made the assertion), and related in court by a witness (the person who heard, read, or saw the declarant’s out-of-court assertion), when that out-of-court statement is being used to “prove the truth of the matter asserted” by the declarant.
Hearsay
Hearsay is defined as an out-of-court statement (either written or oral assertions, or assertive conduct intended as a communication) made by a __________ (the person who made the assertion), and related in court by a witness (the person who heard, read, or saw the declarant’s out-of-court assertion), when that out-of-court statement is being used to “prove the truth of the matter asserted” by the declarant.
declarant
Hearsay is defined as an out-of-court statement (either written or oral assertions, or assertive conduct intended as a communication) made by a declarant (the person who made the assertion), and related in court by a witness (the person who heard, read, or saw the declarant’s out-of-court assertion), when that out-of-court statement is being used to “_______ _____ _____ _____ ______ _____ ______” by the declarant.
prove the truth of the matter asserted
A _________ is an intended communication made by the declarant.
statement
A statement is an _________ communication made by the declarant.
intended
A statement is an intended _________ made by the __________.
communication
declarant
__________ the person who made the assertion.
declarant
Words that are spoken, or written constitute a statement, as long as those words are intended as a communication by a declarant who has “asserted” something. Implicit underlying assumptions of the declarant when making the statement, on the other hand, are not considered assertions, and therefore they are not “statements.” True or False.
True