Hearsay Flashcards
Hearsay: Rationale & Meaning
- Hearsay is an out of court statment/asserttion (an intended commmunication) Being offered to prove the ttruth of the matter asserted.
-**Are we using this statement to prove the truth of the content of that statments?
- With hearsay we are dealing with statment as proof
- Statements that are being offered into evidenc -First question: Is this a statement that is being offered as proof? - Prof. likes to think of statment as a Assertion of the Fact. - No statement is hearsay in isolation —–> You need to connect it to some issue to establish rthat itis hearsay.
- Hearsay evidence is needed to protect the jury from UNRELIABLE Evidence.
-Narration----> going in on and on..... -Memory-----> can't remember fully what happened. -Sincerity-----> are they being sincere in their responses. - If you have both the elements of hearsay, no exemptions are being met, and the evidence is deemed inadmissible hearsay.
The 6-Step for Identifying Hearsay/The Hearsay Analysis
FRE 801: Definitions that Apply to This Article, Exclusions From Hearsay
FRE 802: The Rule Against Hearsay
8 Categories of Non- Hearsay Purpose (K.I.S.S….S.M.A.C)
- Knowledge
- Independent Legal Significant
- State of Mind (Hearer/Listener)
- State of mind (Speaker)
- Silence
- Machines
- Animals
- Non-Assertive Conduct or Implied Assertions
Non- Hearsay Purpose (K.I.S.S….S.M.A.C)
Knowledge
Non- Hearsay Purpose (K.I.S.S….S.M.A.C)
INDEPENDENT LEGAL SIGNIFICANT
Non- Hearsay Purpose (K.I.S.S….S.M.A.C)
STATE OF MIND– HEARER/ LISTENER (FRE 803(3))
Non- Hearsay Purpose (K.I.S.S….S.M.A.C)
STATE OF MIND– SPEAKER
Non- Hearsay Purpose (K.I.S.S….S.M.A.C)
Silence
- Silence is a NON-statement
- Evidence that no one complained about the temperature on a train could not prove that the train was not too cold inadmissible
Non- Hearsay Purpose (K.I.S.S….S.M.A.C)
MACHINES
- Machines CANNOT make Statements
- Police officer has a radar detector device and tracks the speed of cars → and is the evidence admissible? → Machines are not hearsay and they do not make statements → and you can use the information for its relevance
Non- Hearsay Purpose (K.I.S.S….S.M.A.C)
ANIMALS
- Animals CANNOT make statements
- Police officer gives a bloodhouse a smell to look for, and the dog tracks the smell to a home → they find the D→ bloodhound is making a statement but we are not dealing with hearsay →they can use the evidence of the dog and the police officer can testify about the findings
Non- Hearsay Purpose (K.I.S.S….S.M.A.C)
NON-ASSERTIVE CONDUCT OR IMPLIED ASSERTIONS (801)
Non- Hearsay Purpose (K.I.S.S….S.M.A.C)
CONFRONTATION CLAUSE
CONFRONTATION CLAUSE
