Criminal Evidence: Hearsay and Admissions
24 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is testimonial evidence?

A written or oral assertion offered as proof of truth in court.

What is hearsay?

A statement made out of court, offered in court to prove the truth of the matter asserted.

What is a declarant?

A person making a statement in question.

What are the two broad categories of hearsay?

<p>Declarant-Centered Statements</p> Signup and view all the answers

Describe Assertion-Centered Statements.

<p>Statements in which the declarant intends to communicate his/her thoughts or beliefs.</p> Signup and view all the answers

Describe Declarant-Centered Statements.

<p>Hearsay statements made by lay or expert witnesses that often involve an evaluation as to the declarant's credibility.</p> Signup and view all the answers

What are Prior Statements?

<p>Hearsay statements made by the declarant before the trial or hearing.</p> Signup and view all the answers

For Prior Statements to be admissible, what is one of the qualifying factors?

<p>The statement is inconsistent with the declarant's testimony and was given under oath.</p> Signup and view all the answers

For Prior Statements to be admissible, what is another qualifying factor?

<p>The statement is consistent with the testimony and is offered in rebuttal to a charge that the testimony was recently fabricated.</p> Signup and view all the answers

What is an Admission by Party Opponent?

<p>An exception to the hearsay rule, permitting a statement offered against another party if that person was the declarant, or manifested an adoption or belief in that statement.</p> Signup and view all the answers

What is an Adoptive Admission?

<p>A statement of which the party has manifested an adoption or belief in its truth.</p> Signup and view all the answers

What is an Admission by Silence?

<p>A failure by a party to deny an accusation or allegation, which can be interpreted as an admission.</p> Signup and view all the answers

What is a Circumstantial Admission of Guilt?

<p>A statement or conduct of a criminal defendant suggestive of guilt.</p> Signup and view all the answers

What are some types of circumstantial admissions of guilt?

<p>All of the above</p> Signup and view all the answers

What is a Co-Conspirator rule?

<p>A legal ruling allowing a co-conspirator's confession implicating the defendant to be used as evidence.</p> Signup and view all the answers

What are some exceptions to the hearsay rule?

<p>All of the above</p> Signup and view all the answers

What are some other exceptions to the hearsay rule?

<p>All of the above</p> Signup and view all the answers

What is a Dying Declaration?

<p>A statement made by a dying person about the cause or circumstances of their impending death.</p> Signup and view all the answers

What is a Declaration against Interest?

<p>A statement that contradicts the declarant's financial or personal interests.</p> Signup and view all the answers

What are Statements of personal or family history?

<p>Statements about a person's or family's history that are admissible as evidence.</p> Signup and view all the answers

What is a Present-Sense Impression?

<p>A statement made while the declarant is experiencing an event or condition.</p> Signup and view all the answers

What is an Excited Utterance?

<p>A statement made by a person who is still under the stress of an event.</p> Signup and view all the answers

What are statements relating to a declarant's mental, emotional, or physical condition?

<p>Statements describing a declarant's condition are admissible as evidence.</p> Signup and view all the answers

What is a Past Recorded Recollection?

<p>A statement recorded by the declarant that can be used as evidence if their memory is insufficient.</p> Signup and view all the answers

Study Notes

Criminal Evidence - Hearsay

  • Hearsay is a written or oral assertion offered as proof of truth in court.
  • A statement, other than one made by the declarant while testifying at trial or hearing, offered to prove the truth asserted
  • Declarant is the person who makes a statement.
  • Two main types of hearsay:
    • Assertion-Centered Statements: Statements where the declarant intends to communicate thoughts or beliefs.
    • Declarant-Centered Statements: Hearsay statements from lay or expert witnesses often evaluating the declarant's credibility.

Criminal Evidence - Prior Statements

  • Prior statements made by a declarant before a proceeding can be hearsay, but exceptions apply.
  • Prior statements are admissible if they are inconsistent with the declarant's current testimony and were given under oath in a trial, hearing, or deposition.

Criminal Evidence - Admissions by a Party Opponent

  • Exclusions to the hearsay rule if a statement is offered against the opposing party.
  • The person's declarant; an adoption and belief statement; or from a party authorized to make the statement
  • If made during employment or by a co-conspirator - admissible as an exception.

Criminal Evidence - Adoptive Admissions

  • A statement the party demonstrates an adoption or belief in its truth

Criminal Evidence - Admissions by Silence

  • Silence may suggest an admission if a reasonable person would have denied a statement or assertion.
  • This is a type of non-verbal assertion exempt from hearsay.

Criminal Evidence - Circumstantial Admissions

  • Statements or conduct that suggests guilt.
  • Includes actions to obstruct justice, plea negotiations, and payment of medical expenses.
  • Co-conspirator statements are only admissible if the co-conspirator can be cross-examined.

Criminal Evidence - Exceptions to the Hearsay Rule (Witness Unavailability)

  • Witness unavailability: A hearsay exception when the witness is unavailable to testify.
  • Insufficient memory: Exceptions when a witness's memory is insufficient to testify.
  • Absence: Exceptions when a witness is absent from the proceedings.
  • Former testimony: Prior testimony is admissible if the witness is unavailable.

Criminal Evidence - Exceptions to the Hearsay Rule

  • Dying declarations: Statements made by someone believing their death is imminent about the cause of death or circumstances.
  • Declarations against interest: Statements that are detrimental to the declarant's financial, proprietary, or penal interest.
  • Statements of personal or family history

Criminal Evidence - Immateriality of Witness Availability

  • Present-Sense Impressions: A statement describing or explaining an event made while perceiving it or immediately afterwards.
  • Excited Utterances: Spontaneous statements made under the stress or excitement of an event
  • Mental, emotional, or physical condition: Statements about a declarant's current condition
  • Medical diagnosis or treatment: Statements made for the purpose of diagnosis or treatment.
  • Past recorded recollections: A recorded statement is admissible if the declarant's memory isn't sufficient and the statement reflects knowledge correctly.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Criminal Evidence 2nd Edition PDF

Description

This quiz explores the concepts of hearsay in criminal evidence, detailing different types and exceptions. It covers assertion-centered and declarant-centered statements, as well as the admissibility of prior statements and admissions by a party opponent. Test your understanding of these critical legal principles!

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser