Evidence Flashcards
What is hearsay?
Is the statment actually hearsay? (is it being offered for its truth?)
“offered for the truth of the matter asserted?”
What do we care about?
Who made the statement? What effect did it have on the D?
What to look for when determining hearsay or not hearsay
If not, look for non-hearsay (effect on the listenr or state of mind)
If yes, is there an exception that applies?
When SOM is not hearsay
If we just want to put dec at the scene of the crime, which was tueaday at 11:50 am at the train station, this is coming in. He doesnt need to actually take the train, just evidence of his intent to - state of mind
Hearsay Exceptions only when Dec is Unavail
statement agasint intetest, dying declaration, former testimony
Availability Doesnt Matter
- purposes of medical diagnosis
- present then exsisting medical condition
- state of mind
- present sense impression
- excited utterance
- business records/official records
- leanred treatise
*Dying Declaration
use even if on the bar elements arent all met if evidence question
- Statement must concern circumstance of death
- declarent doesnt have to have died, just unavail for trial
- only can be used in crim homicide or civil case
- dec has to believe in the moment they are gonna die
Purposes of Medical Diagnosis vs Present Exsisting Medical Condition
dont think aobut why the person said it, focus on doctor - does information help doctor diagnose patient?
PEMC - nothing about the past can be used
SOM
anything referencing to the SOM of dec can be admitted - not the person who heard it, but of the person who made the statement!
PSI (present sense impression)
a statement descibing or explaining an event or condition made while or immeidalty after the dec percieved it.
Excited Utterance
a statement relating to an atrling event or condition made while the dec was under the stress or excited that it caused
* must be under 30 mins after the event
look for adj’s or exclamation points
Business records exception
admissible if*kept in regular course of business
*made by someone with personal knowledge
Public records exception
a record or statement of a public officer that sets out the factual findings or obersvations from a legalily authorised investigation ( admissible in civil case or agasin the gov in a crim case)
learned trestise exception
a statement is called to the attention of an expert wintess on cross examination or relied on by the expert on direct examination; (b) the publication is established as a reliable authoirty by the expert’s admission or testimoney
if amitted, the statement may be read into evicdence but not received as an exhibit.
if bar says expert, they are an expert!
party admission/ statment by party opponent
anything they said is coming in
any statement made by a party before trial
