Hearsay Expectation Flashcards
Recorded recollection exception general rule
A witness may examine any item (e.g., writing, photograph) in order to refresh the witness’s present recollection, but the witness’s testimony must be based on the witness’s refreshed recollection, not on the item itself.
When the item used to refresh a witness’s recollection is a writing or other record, the adverse party is entitled to have the document produced, to inspect the document, to cross-examine the witness about it, and to introduce any relevant portion into evidence.
If a witness is unable to testify about a matter for which a record exists, that record will satisfy the recorded recollection exception to the hearsay rule if: the record is on a matter that the witness once knew about; the record was made or adopted by the witness when the matter was fresh in the witness’s memory; the record accurately reflects the witness’s knowledge; and the witness states that he cannot recall the event well enough to testify fully and accurately, even after consulting the record on the stand. If a record is admitted under this exception, it may be read into evidence, but it may be received as an exhibit only if offered by an adverse party.
Only the defense would be able to offer the record into evidence.
present sense impression exception RULE
A statement describing or explaining an event that is made while the declarant is perceiving the event, or immediately thereafter, is admissible under the present sense impression exception to the hearsay rule, regardless of whether the declarant is available to testify.
Testimonial & Not Testimonial RULE
only statements made during a police interrogation that had the primary purpose of ascertaining past criminal conduct are testimonial.
A statement made to police during the course of questioning with the primary purpose of enabling police to provide assistance to meet an ongoing emergency, such as a person informing an officer of an attempted armed robbery that just occurred and telling the officer where the armed robber went, is not testimonial.
regularly conducted business exception RULE
While made out of court and offered to prove the truth of the matter asserted, a record or other writing (e.g., memorandum, report, data compilation) of any act or event made in the course of regularly conducted business is admissible.
Double Hearsay Rule
A statement that contains hearsay within hearsay may be admissible as long as each part of the combined statement conforms to a hearsay exception.
Rule for when the statement was made against the declarant’s interest at the time it was made
A statement made by a declarant who is unavailable to testify is not excluded as hearsay if the statement was against the declarant’s interest at the time it was made and would not have been made by a reasonable person unless he believed it to be true.
