Evidence Essays Flashcards
What is hearsay?
An out of court statement offered to prove the truth of the matter asserted.
Why is the caller’s statement considered hearsay?
Because the statements were not made in the current proceedings and are offered for the truth of the matter asserted.
When is hearsay admissible?
Hearsay is inadmissible unless an exception applies.
What are the two hearsay exceptions that could apply to the caller’s statements?
- Present sense impression
- Excited utterance
What does the present sense impression exception allow?
Admission of statements that explain or describe an event made while the event was observed or immediately thereafter.
What constitutes an excited utterance?
Statements made while a startling event was observed and while the declarant was still startled.
What is the medical diagnosis exception in hearsay?
Admission of statements pertinent to a medical diagnosis or treatment.
What does the Confrontation Clause guarantee?
The opportunity for a defendant to confront all witnesses testifying against him.
What must be true for a statement to violate the Confrontation Clause?
The declarant’s statement must be testimonial.
How is a testimonial statement defined?
A statement made for the purposes of assisting the police or prosecution with an investigation.
What factors do courts consider to determine if an ongoing emergency exists?
- Whether the defendant is in custody or incapacitated
- Whether a weapon was used
- The nature of the dispute
- If the defendant still poses a threat
Why do the caller’s statements not violate the Confrontation Clause?
Because they were made during an ongoing emergency.
What hearsay exception applies to the woman’s statements to the officer?
Excited utterance hearsay exception.
Why are the woman’s statements considered hearsay?
They were not made at the current proceeding and are offered for the truth of the matter asserted.
What indicates the woman was still startled at the time of her statements?
She was in a highly agitated state with fresh cuts on her arm.
