Evidence Flashcards
Hearsay
An out of court statement offered to prove to the truth of the matter asserted.
Spousal Communications Privilege
Protects confidential communications made during a legally valid marriage.
Spousal Testimony Privilege
Provides either spouse in criminal cases to prohibit testimony by the other. Waived by the witness spouse.
Hearsay Exceptions - Statements for Medical Treatment
Admissible if it’s made for the purposes of medical diagnoses; treatment; description of medical history, past or present symptoms, pain or sensation; or the inception of general character of the cause or external source thereof
Hearsay Exceptions - Past Recollection Recorded
Admissible if it concerns a matter about which a witness once had knowledge but now has insufficient recollection to enclave t he witness to testify fully and accurately
Hearsay Exceptions - Business Records
Records kept in the routine course of business are admissible despite the fact that the declarant is unavailable. Not applicable if made in preparation of litigation.
Hearsay Exceptions - Public Records
Records, reports, statements or data compilations, in any form, of public offices or agencies are admissible if they set forth the activities of the office or agency or matters observed pursuant to duty imposed by law.
Hearsay Exceptions - Learned Treatises
Statements contained in published treatises are admissible if they are established as a reliable authority by testimony or admission of the witness.
Hearsay Exceptions - Declarant Unavailable
Former testimony, statements made under belief of imminent death, statements against interest and statements of personal or family history require that the declarant be unavailable. GA only admits a dying declaration in homicide cases where the defendant is on trial for killing the declarant.
Hearsay Exceptions - Statement Against Interest
A statement is admissible as a “statement against interest” if the declarant is now unavailable and the statement was at the time of its making so far contrary to the declarant’s pecuniary or proprietary interest or so far tended to subject him to civil or criminal liability, or to render invalid a claim against another by him, that a reasonable man in his position would not have made the statement unless he believed it to be true.
Confrontation Clause
In a criminal case, where the declarant is unavailable, testimonial evidence is inadmissible, unless the defendant is given a prior opportunity to cross examine the declarant. Statements made to law enforcement personnel during an emergency 911 call or at a crime scene are not “testimonial” and thus their introduction at trial does not violate the Confrontation Clause.
