hearsay Flashcards
hearsay
an out of court statement offered to prove the truth of the matter asserted
hearsay = NOT admissible
what is not offered to prove the truth of the matter asserted?
- offer
- acceptance
- libel
- slander
- verbal acts that show motive
present sense impression
non-emotional statement
statement made at the time of observation
who? what? where?
excited utterance
statement made while excited
“yelled, shrieked, !”
then existing mental, emotional, or physical state of mind
generally go to intent or emotion
statement of mind
“I couldn’t have killed her, I loved her”
“I was on my way to new york”
business record
record made in the ordinary course of business
done all the time
statement for medical diagnosis or treatment
past or present symptoms about a treatment or diagnosis
said to medical professional
recorded recollection
witness once knew about this document and cannot remember
either made by the witness or adopted
put in front of the witness to recollect their memory
may be read into evidence
public record
record or statement of a public office that shows activities or observation of a person under duty to report
done by a public official
absence of business/public record
there was no record
learned treatise
expert witness is relying on treatise
ancient document
more than 20 years old and authenticated
catchall exception
any other kind of statement that is trustworthy, material, or in the interest of justice can come in
dying declaration
(1) declarant is unavailable
(2) decalarant has to believe they are dying
(3) statement is about why they are dying
(4) applies in homicide or civil case
statement against interest
declarant is unavailable
declarant makes a statement that makes them look guilty or liable
not an admission = typically made by a non-party
former testimony
declarant is unavailable
(1) a party against whom the former testimony is being offered was a party in the former case
(2) former case is about the same subject matter
(3) former testimony was under oath
(4) they had the opportunity to cross-examine
admissions
non hearsay
one party makes statements of admission or guilt
vicarious admission
non hearsay
statements of admission made usually by an employer
“yeah we don’t fix the breaks”
adoptive admissions
non hearsay
lack of response/silence when a reasonable person would have responded or been offended
prior consistent statement
non hearsay
statement made earlier by the declarant
to refute any charge of lying or bad motive
prior sworn inconsistent statement
non hearsay
made under oath that is inconsistent with current statement
prior ID
non hearsay
declarant testifying about an earlier identification
right to confrontation
right to confront a witness concerning an out-of-court statement depends on whether the statement was testimonial
(1) statement made to police during the course of emergency = not testimonial so allowed
(2) physical evidence (ie a limp)
(3) hearsay upon hearsay = two statements of hearsay
