Chapter 8

Question 0

Exceptions to hearsay

Answer 0

Excited utterance statement made during startling event.

Then existing mental, emotional, or physical condition shows state of mind

Statements for purposes of medical diagnosis or treatment (child abuse cases)

Business records public records birth certificates

Question 1

Exceptions to hearsay

Answer 1

Formal testimony person not available

Dying declaration person not available dead

Statement against penal interest unavailable statement made their own interests would most likely be true

Question 2

Crawford v. Washington

Answer 2

Testimonial out of court statements are admissible in criminal trials only if the witness testifies at the trial or if unavailable, defendant had an opportunity to cross-examine the witness at earlier hearing.