5 Questions
What is a dying declaration and why is it admitted as evidence in criminal law trials?
A dying declaration is testimony that would normally be barred as hearsay but may be admitted as evidence in criminal law trials because it constituted the last words of a dying person. It is admitted because someone who is dying or believes death to be imminent would have less incentive to fabricate testimony, and as such, the hearsay statement carries some reliability.
What is the rationale behind admitting dying declarations as evidence?
The rationale is that someone who is dying or believes death to be imminent would have less incentive to fabricate testimony, and as such, the hearsay statement carries with it some reliability.
What is the origin of the principle regarding dying declarations in medieval English courts?
The principle originated in medieval English courts with the phrase 'Nemo moriturus praesumitur mentiri' which means 'no-one on the point of death should be presumed to be lying'.
What are the requirements for a statement to be considered a dying declaration in common law?
In common law, a dying declaration must be a statement made by a deceased person who would otherwise have been a credible witness to their own death by murder or manslaughter, and was of 'settled hopeless expectation of death'.
Which jurisdiction is mentioned specifically in relation to the admissibility of dying declarations?
England and Wales
Test your knowledge of the dying declaration exception in the law of evidence with this quiz. Explore the rationale behind the admission of hearsay testimony from a dying person and understand its relevance in criminal law trials.
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