Hearsay Flashcards
Hearsay Definition
An out-of-court statement offered to prove the truth of the matter asserted
Hearsay: Statement
An oral or written assertion, or nonverbal conduct intended as an assertion
- Non-human assertions are not statements (e.g. dog barking, radar gun reading)
Hearsay: Difference Between Exemption and Exception
Exemption: Deemed nonhearsay and thus admissible
Exception: Deemed hearsay, but still admitted
Hearsay: Witness’s Own Prior Out-of-Court Statements
CAN be hearsay, so an answer that a statement is not hearsay “because it is W’s own statement” is incorrect
Admissible Out-of-Court Statements
Statements:
- of independent legal significance (i.e. that it was said, not whether it was true)
- offerd to show speaker’s knowledge (i.e. that D knew crime was planned)
- offered to show their effect on the listener or reader (i.e. notice to a party)
- offered to show state of mind*
- Circumstantial; in contrast to state of mind hearsay exception, which allows hearsay statements that reflect diretly on declarant’s state of mind
Non-Hearsay Exemptions: Statement of a Party Opponent
Out-of-court statements by a party are admissible if offered against that party
Non-Hearsay Exemptions: Declarant-Witness’s Prior Statement
A prior statement by a declarant who testifies and is subject to cross-examination is admissible where the statement is either:
- inconsistent with declarant’s testimony and given under oath
- a prior consistent statement, or
- a prior statement of identification after perception
Non-Hearsay Exemptions: Prior Consistent Statement
Admissible to rebut charge of fabrication, improper motive or influence, or rehabilitate credibility
Non-Hearsay Exemptions: Prior Statement of Identification After Perception
Admissible to identify a person as someone declarant perceived earlier
