Hearsay

Question 1

Prior Inconsistent Statement Distinction

Answer 1

1. a prior inconsistent statement by a testifying witness who is subject to cross-examination about the statement is not hearsay regardless of whether the statement was made under oath.

Question 2

Additional Ground for Admissability - Any Prior Voluntary Statement by Testifying Witness in Criminal Case

Answer 2

1. In a DE criminal case, any voluntary prior statement of a testifying witness who is subject to cross-examination is admissible as substantive evidence with independent testimonial value.

Keep in mind the following:
1. The witnesses out of court statement of a non-testifying declarant, that inner statement must fall within an independent hearsay exception or exclusion to be admissible.
2. The rule does not apply if cross-examining the witness would subject the witness to self-incrimination.
3. Despite this rule, statements may be excluded for an independent reason (not relevant, confrontation issues, etc.)

a. To offer a statement under this rule, the declarant must be asked about the voluntariness of the statement during direct examination, and the judge must make a ruling on whether the statement was made voluntarily.

Question 3

Recorded Recollections

Answer 3

DE rule provides that the court may permit a recorded recollection to be received by the jury as an exhibit (meaning offered by either party).