Exclusions: Nonhearsay

Question 1

Certain Prior Statements of Testifying Witnesses

Answer 1

1. live in-person identification => NOT exclusion -> not testifying to an out of court statement
2. prior statement of identification - testify about prior identification of a line-up

Question 2

Prior Inconsistent Statement Made Under Oath

Answer 2

To prove its truth: only if made under oath or it is within an exception
- admissible to impeach
- admissible as evidence

NOT under oath: admissible to impeach witness

Question 3

Prior Consistent Statement

Answer 3

1. impeached for improper motive or influence or fabrication
   - used to prove witness has been saying the same thing all along
   - must have been made before the improper motive or influence is brought up
2. impeached for faulty memory or prior inconsistent statement
   - “no, the witness does not have a faulty memory”
   - “yes, witness may have first told police something different, but they back tracked and said this”

Question 4

Statements Made by an Opposing Party

Answer 4

Any statement by a party offered against that party

Question 5

Admissions by Silence

Answer 5

1. failed to respond to an accusatory statement
2. heard and understood accusation
3. capable of denying accusation
4. reasonable person would have denied it

DOES NOT INCLUDE SILENCE TO A POLICE OFFICER

Question 6

Vicarious Admissions

Answer 6

1. party authorizes someone else to speak on their behalf
2. statements made by employee or agent
   - concerns matter within scope of agency or employment - job type (human resources v. truck driver)
   - made during agency or employment - doesn’t require them to be clocked in or on the job -> just the RELATIONSHIP

Question 7

Statement of Co-Conspirator

Answer 7

Admissible if:
1. during the conspiracy
2. in furtherance of the conspiracy