new hearsay Flashcards
1
Q
1350
A
,
2
Q
1360
A
- (a) In a criminal prosecution where the victim is a minor, a
statement made by the victim when under the age of 12 describing any
act of child abuse or neglect performed with or on the child by
another, or describing any attempted act of child abuse or neglect
with or on the child by another, is not made inadmissible by the
hearsay rule if all of the following apply:
(1) The statement is not otherwise admissible by statute or court
rule.
(2) The court finds, in a hearing conducted outside the presence
of the jury, that the time, content, and circumstances of the
statement provide sufficient indicia of reliability.
(3) The child either:
(A) Testifies at the proceedings.
(B) Is unavailable as a witness, in which case the statement may
be admitted only if there is evidence of the child abuse or neglect
that corroborates the statement made by the child.
3
Q
1370
A
- (a) Evidence of a statement by a declarant is not made
inadmissible by the hearsay rule if all of the following conditions
are met:
(1) The statement purports to narrate, describe, or explain the
infliction or threat of physical injury upon the declarant.
(2) The declarant is unavailable as a witness pursuant to Section
240.
(3) The statement was made at or near the time of the infliction
or threat of physical injury. Evidence of statements made more than
five years before the filing of the current action or proceeding
shall be inadmissible under this section.
(4) The statement was made under circumstances that would indicate
its trustworthiness.
(5) The statement was made in writing, was electronically
recorded, or made to a physician, nurse, paramedic, or to a law
enforcement official.
(b) For purposes of paragraph (4) of subdivision (a),
circumstances relevant to the issue of trustworthiness include, but
are not limited to, the following:
(1) Whether the statement was made in contemplation of pending or
anticipated litigation in which the declarant was interested.
(2) Whether the declarant has a bias or motive for fabricating the
statement, and the extent of any bias or motive.
(3) Whether the statement is corroborated by evidence other than
statements that are admissible only pursuant to this section.
(c) A statement is admissible pursuant to this section only if the
proponent of the statement makes known to the adverse party the
intention to offer the statement and the particulars of the statement
sufficiently in advance of the proceedings in order to provide the
adverse party with a fair opportunity to prepare to meet the
statement.
4
Q
1380
A
,
5
Q
1390
A
,
