Hearsay Flashcards
What is the judgment exception for hearsay?
Judgment of CONVICTION is an exception for hearsay if it:
- entered after trial or guilty plea
- crime punishable by death or imprisonment of more than one year
- admitted to prove any fact essential to judgment AND
- against defendant, when offered by prosecutor in criminal case for purpose other than impeachment
However, judgment of ACQUITTAL is NOT an exception because such judgment does not establish innocence—they merely establish that the prosecution failed to meet its burden of proof.
When is a prior inconsistent statement admissible hearsay?
(1) it was given under penalty of perjury at a trial, hearing, deposition, or other proceeding, AND
(2) the declarant testifies and is subject to cross-examination.
It can also be introduced extrinsically for impeachment purposes if the witness has the opportunity to explain or deny, AND the adverse party can examine the witness about the statement.
What are the two exceptions regarding public records?
(1) existing public records
(2) absent public records
- testimony by a public official that a diligent search failed to disclose a public record is admissible to prove that the record does not exist—so long as the public office regularly kept records for a matter of that kind.
