Evidence 51-55 Flashcards
Hearsay Exceptions
Under the FRE, what records are admissible under the Government or Public Records hearsay exception?
Policies and practices of a public office.
Observations in accordance with duties by law (except police reports in criminal cases).
Factual findings from a legally authorized investigation, BUT only in:
Civil cases; and
Against the government in criminal cases.
*Record will not be admitted if opposing party shows they were made under circumstances lacking trustworthiness.
Priority: Medium
Hearsay Exceptions
In California, what records are admissible under the Government or Public Records hearsay exception?
A writing that is:
Made by and within the scope of duty of a public employee;
Made at or near the time of the act/condition/event; AND
The record was made under circumstances indicating trustworthiness.
Priority: Medium
Hearsay Exceptions
When is a Past Recollection Recorded admissible?
If:
The witness had personal knowledge of the events at one time;
The writing was made/adopted by the witness;
The writing was made while the events were still fresh;
The writing is accurate;
AND
The witness can no longer remember the event.
Priority: Medium
Right to Confront Witnesses
When does an out-of-court statement violate a Defendant’s 6th Amendment rights?
When:
The statement is testimonial;
The declarant is unavailable to be cross-examined at trial;
AND
The defendant didn’t have an opportunity to cross-examine the declarant before trial.
**Exceptions: dying declarations, wrongdoing by a defendant.
Priority: HIGH
Right to Confront Witnesses
What types of statements are testimonial in nature?
Statements made to grand juries;
AND
Statements made to police whose primary purpose is to collect testimony to be used at a later trial.
(It is NOT testimonial if used to assist police in an emergency.)
Priority: HIGH
