Evidence Flashcards
Hearsay is a statement, verbal or non-verbal, that is not made by the person testifying, offered to….
prove the truth of the matter asserted.
Hearsay is generally not admissible unless…
it falls within a recognized exception in Virginia.
An excited utterance is an exception to the hearsay rule and is an…
impulsive statement prompted by a starling event made by a declarant with firsthand knowledge at a time and under circumstances negating deliberation.
The determination of admissibility of evidence is within…
the sound discretion of the court.
When hearsay is offered, the court must first….
authenticate the evidence or identify the declarant.
An out of court statement by a criminal defendant is…
admissible as a party admission.
A statement can be nonverbal conduct if it is…
intended as an assertion.
Are videos hearsay?
No, because they are not statements themselves.
Admissibility of a video requires…
authentication.
The general rule is that evidence of prior crimes is inadmissible in the trial of a criminal charge, but there are exceptions to this general rule, such as where such evidence is relevant to prove, if identity is disputed that….
such evidence is relevant to prove the identity or modus operandi of the perpetrator.
