Hearsay Exceptions in Law
37 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 characterizes a statement under the present sense impression exception?

  • It reflects the emotional state of the declarant after the event.
  • It is allowed only if the declarant is available as a witness.
  • It describes or explains an event while or immediately after it is perceived. (correct)
  • It must be made at least one hour after the event.

Under which rule is the excited utterance exception defined?

  • Rule 803(2) (correct)
  • Rule 804(1)
  • Rule 803(1)
  • Rule 805

What was the primary reason the court allowed both 911 calls in US v. Mejia-Velez?

  • The calls provided reliable accounts due to their proximity in time to the event. (correct)
  • The witnesses were experts in crime scene reporting.
  • The calls were made over a week after the event.
  • The witnesses had a chance to reflect before calling.

What is a distinguishing factor between the present sense impression and the excited utterance exceptions?

<p>The primary difference is timing. (D)</p> Signup and view all the answers

Which aspect of the witnesses' emotional state played a role in admissibility of their statements?

<p>Their shock and panic confirmed their statements as genuine. (B)</p> Signup and view all the answers

How long after the shooting was the second call made by Gajewski?

<p>16 minutes (A)</p> Signup and view all the answers

Why are excited utterances considered reliable?

<p>They are less likely to be fabricated due to the stress of the event. (B)</p> Signup and view all the answers

What was a significant factor for the admissibility of the statements in Mejia-Velez case?

<p>The statements were directly tied to the event in time. (B)</p> Signup and view all the answers

What was the main argument made by Hernandez in his appeal regarding the serial number of the firearm?

<p>It was improperly admitted under hearsay. (C)</p> Signup and view all the answers

Which rule of evidence does Hernandez's case primarily involve in the discussion of recorded recollections?

<p>Rule 803(5) - Recorded Recollection (C)</p> Signup and view all the answers

What was the court's interpretation regarding multi-party recorded recollections under Rule 803(5)?

<p>They can be permitted if each participant confirms accuracy. (D)</p> Signup and view all the answers

Who was responsible for initially recording the serial number of the firearm?

<p>Jacqueline Grant. (B)</p> Signup and view all the answers

Which of the following best describes the chain of witnesses involved in the recollection of the serial number?

<p>Multiple individuals verifying their parts of the recollection. (D)</p> Signup and view all the answers

What was the outcome of the court's examination of the hearsay evidence related to the serial number?

<p>The hearsay evidence was admitted under a specific exception. (C)</p> Signup and view all the answers

What was the relationship between Shane Crofts and Hernandez?

<p>Shane is the father of Hernandez's nephew. (D)</p> Signup and view all the answers

Why did Tracy Allen decline to directly share the gun's serial number with Renee at first?

<p>She needed to record it first. (B)</p> Signup and view all the answers

What does Rule 803(1) primarily allow for in terms of timing of statements?

<p>Statements made immediately after an event or with slight delays. (A)</p> Signup and view all the answers

What is a key distinction between Rules 803(1) and 803(2)?

<p>Rule 803(1) does not require the declarant to be excited. (B), Rule 803(1) restricts the scope of statements to only those describing the event. (C)</p> Signup and view all the answers

Which of the following descriptions best fits the requirement of 'mental state' for Rule 803(2)?

<p>The declarant must be under stress from excitement. (C)</p> Signup and view all the answers

What does 'non-calculated narration' signify in the context of Rule 803(1)?

<p>Statements must be spontaneous and not premeditated. (B)</p> Signup and view all the answers

Which of the following statements regarding corroboration under Rules 803(1) and 803(2) is accurate?

<p>Neither rule requires corroboration of the events described. (C)</p> Signup and view all the answers

Which type of evidence has been admitted under Rule 803(1) in modern applications?

<p>Emails if they meet timing and perception requirements. (C)</p> Signup and view all the answers

In the context of hearsay, what implication does double hearsay have in the ruling of Crown Amusements?

<p>There was no objection to the report of a brand name as it was viewed as straightforward observation. (C)</p> Signup and view all the answers

Why might Rule 803(1) be preferred over Rule 803(2) in some cases?

<p>It allows for a wider scope of statements without emotional requirements. (D)</p> Signup and view all the answers

What is the primary purpose of requiring that the witness no longer has sufficient memory of the event under Rule 803(5)?

<p>To prevent litigation bias from prepared statements. (B)</p> Signup and view all the answers

How does Rule 803(5) treat recorded recollections compared to Delaware's discretionary rule?

<p>803(5) requires the recollection to be read into evidence. (B)</p> Signup and view all the answers

Which of the following types of recollections can be played for the jury under Rule 803(5)?

<p>Audio recordings. (A)</p> Signup and view all the answers

What distinguishes Rule 803(5) from Rule 803(1)?

<p>803(1) permits recorded evidence to be admitted as exhibits. (C)</p> Signup and view all the answers

What requirement is unique to Rule 803(5) regarding the use of recorded recollections?

<p>It can only be used if the witness cannot fully testify from present memory. (D)</p> Signup and view all the answers

What is the main principle behind Rule 803(5)?

<p>It accommodates recorded recollections as trustworthy evidence. (C)</p> Signup and view all the answers

Which case law supports the admission of collaborative records in court?

<p>United States v. Schoenborn (B)</p> Signup and view all the answers

How does Rule 803(5) differ from the concept of refreshing a witness's memory?

<p>Rule 803(5) permits the reading of documents directly into evidence. (A)</p> Signup and view all the answers

What can undermine the freshness requirement of a record under Rule 803(5)?

<p>Drug or alcohol influence on the witness. (A)</p> Signup and view all the answers

Which of the following best describes the need for verification under Rule 803(5)?

<p>Each step in the chain must be supported by verification. (D)</p> Signup and view all the answers

What role does circumstantial guarantees of trustworthiness play in Rule 803(5)?

<p>They enhance the credibility of the recorded recollection. (D)</p> Signup and view all the answers

What factors can influence the acceptance of a record's freshness in court under Rule 803(5)?

<p>The timing and events surrounding the record's creation. (B)</p> Signup and view all the answers

What may result from the court's use of Rule 803(5) regarding the admission of evidence?

<p>Recognition of the role of collaborative testimonies as valid. (B)</p> Signup and view all the answers

Flashcards

Present Sense Impression

A statement describing or explaining an event or condition made while or immediately after the declarant perceived it.

Excited Utterance

A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.

Rule 803(1)

Exception to the hearsay rule for present sense impressions.

Hearsay Rule

Rule that generally excludes statements made by someone other than a witness in court.

Signup and view all the flashcards

Reliable Statement

Statement believed to accurately reflect the truth, based on facts.

Signup and view all the flashcards

Time Lapse

The amount of time that passes between an event and a statement about the event.

Signup and view all the flashcards

U.S. v. Mejia-Velez

Case demonstrating present sense impression and excited utterance exceptions in hearsay.

Signup and view all the flashcards

911 calls

Phone calls to emergency services, often used as evidence in court.

Signup and view all the flashcards

Rule 803(1) - Present Sense Impression

Statements describing or explaining an event made immediately after perceiving it, allowing for slight delays, without a requirement of excitement.

Signup and view all the flashcards

Rule 803(2) - Excited Utterance

Statements made in response to a startling event, while still under the stress of excitement.

Signup and view all the flashcards

Substantial Contemporaneity

Statements made immediately after an event, often with brief delays (up to a certain time) that may be admissible under Rule 803(1).

Signup and view all the flashcards

Startling Event (Rule 803(2))

An event so shocking that it triggers a spontaneous response.

Signup and view all the flashcards

Declarant Under Stress of Excitement

Requirement for excited utterances, focusing on the emotional state of the speaker triggered by a startling event.

Signup and view all the flashcards

Scope of Statements (803(1) vs. 803(2))

803(1) statements describe/explain the event, 803(2) encompasses broader statements relating to an event.

Signup and view all the flashcards

Corroboration

Supporting evidence necessary for a statement to be considered valid.

Signup and view all the flashcards

Recorded Recollection (Rule 803(5))

A record of a past event created by a person who can't remember it, but the record accurately reflects the event. Multiple witnesses can be involved in creating the record.

Signup and view all the flashcards

Recorded Recollection

A record of an event created by a witness when the event was fresh in their memory. If the witness can now only recall the record made at the time, the record can be used as evidence in court.

Signup and view all the flashcards

Federal Rule of Evidence 803(5)

A rule outlining when recorded recollections are admissible in court as evidence.

Signup and view all the flashcards

Multi-party recollection

A recorded recollection that involves several people sharing and verifying details in a chain of actions.

Signup and view all the flashcards

Chain of information-sharing

The process where information is passed between multiple people, each verifying it, to accurately reconstruct an event.

Signup and view all the flashcards

Hernandez Case

A legal case where the admissibility of a multi-party recorded recollection was in question to link a defendant to a stolen firearm.

Signup and view all the flashcards

Hearsay Evidence in Hernandez Case

The testimony and serial number of the firearm, which is the key evidence linking the defendant to a stolen firearm, are considered hearsay evidence because the witness didn't directly experience it.

Signup and view all the flashcards

Trustworthiness of Multi-Party Recollection

A multi-party recorded recollection is deemed admissible if each individual in the chain testifies to the accuracy of their contribution.

Signup and view all the flashcards

Admissibility in Court

Whether or not evidence is likely to be allowed to be presented in court.

Signup and view all the flashcards

Rule 803(5)

Hearsay exception for recorded recollections, allowing a statement written down when a memory was fresh to be read into evidence.

Signup and view all the flashcards

Recorded Recollection

A written record of an event or fact made when the memory of it was fresh.

Signup and view all the flashcards

Chain of Verification

Collaborative records, where each person in the recording process verifies their involvement, ensuring accuracy.

Signup and view all the flashcards

Circumstantial Guarantees of Trustworthiness

Factors that, in addition to being firsthand recollections suggest reliability of a recollection (eg confirmation by multiple witnesses).

Signup and view all the flashcards

Rule 803(1): Present Sense Impression

Hearsay exception allowing statements made about events while they are happening or immediately afterward.

Signup and view all the flashcards

Refreshing Memory

Using a document to help a witness remember something. This is separate from the recorded recollection rule.

Signup and view all the flashcards

Foundational Criteria

Specific requirements for evidence to be admissible, particularly in a recorded recollection situation.

Signup and view all the flashcards

"Freshness" Requirement

The time constraint for a recorded recollection to be considered admissible. Timing is flexible, subject to the circumstances.

Signup and view all the flashcards

Recorded Recollection Rule 803(5)

A recorded statement made when memory was fresh, used as evidence if the witness now has insufficient memory to testify.

Signup and view all the flashcards

Reading a Record, not as Exhibit

Rule 803(5) specifies reading a recorded recollection into evidence, instead of giving it as an exhibit. This prevents influencing the jury.

Signup and view all the flashcards

Audio Recordings & Rule 803(5)

Audio recordings are covered by Rule 803(5) as recorded recollections, meaning they can be presented to the jury.

Signup and view all the flashcards

Rule 803(5) and 'Best Evidence' Need

Rule 803(5) demands that the witness cannot fully testify from current memory, before the recorded recollection is admitted.

Signup and view all the flashcards

Rule 803(5) vs. Rule 803(1)

Rule 803(1) (present sense impressions) requires immediacy and the declarant testimony is not needed; Rule 803(5) demands impaired memory & only allows reading the record (not as exhibit).

Signup and view all the flashcards

Study Notes

Hearsay Exceptions

  • Present Sense Impression: A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. Reliable due to lack of time for reflection or fabrication.
  • Excited Utterance: A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. Generally seen as trustworthy due to the emotional state. Conditions include a startling event, a related statement, declarant's knowledge, and spontaneous delivery (without time for fabrication).

Specific Case Examples

  • US v. Mejia-Valez: 911 calls made shortly after a shooting were admitted as evidence under both present sense impression and excited utterance exceptions, despite defense objections.
  • Miller v. Keating: An unidentified bystander's statement about a car accident (made during the event) was deemed problematic for lack of proof of direct observation and no indication of emotional state. The excited utterance exception did not apply.
  • Miller v. Crown Amusement: A 911 call reporting a truck accident was admitted as a present sense impression. The caller's testimony wasn't required, as their detailed description, precise timing, and route indicated firsthand experience.
  • US v. Boyce: Judge Posner questioned the psychological validity of present sense impression and excited utterance exceptions, noting that memory errors are easily made, even spontaneously. He suggests a simpler alternative, using Rule 807 for reliability and clarity.
  • US v. Hernandez: A recorded serial number, passed through several witnesses, was deemed reliable enough under Rule 803(5) recorded recollection exception. The court considered the chain of events and testimony, finding it consistent with the trustworthiness requirements.

General Points

  • Corroboration: Neither present sense impression nor excited utterance exceptions require corroboration for the statement's accuracy.
  • Sensory Perception: Present sense impressions can include details observed through all senses, not just sight.
  • Timing: For present sense impressions, timing (near-immediate) is crucial for reliability; in contrast, slight delays have been accepted in excited utterances.
  • Scope of Statements: Present sense impressions are limited to immediate events, whereas excited utterances encompass a broader range of statements related to a startling event.
  • Distinction: Distinction between refreshing memory (not hearsay) and recorded recollection (subject to rule). In refreshing memory, a witness uses something else to jog their recall, resulting in immediate testimony. Recorded recollection is a writing of a past event used in court.
  • Modern applications: Courts admit evidence like emails if timing (and other requirements) are met.
  • Double hearsay: Be aware of double hearsay issues and how they might affect the admissibility of evidence.
  • Mental State Requirement: Excited utterances require a startling event and the declarant being under stress; statements based on sensory perception or memory may not qualify. Excitement is key.

Studying That Suits You

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

Quiz Team

Related Documents

Hearsay Exceptions: Rules 803(1) & 803(2) PDF

Description

This quiz explores the concepts of hearsay exceptions, specifically Present Sense Impression and Excited Utterance. It examines their definitions, reliability, and relevant case examples. Test your understanding of how these exceptions apply in legal contexts.

More Like This

Hearsay Evidence and First Peoples' Rights
5 questions

Hearsay Evidence and First Peoples' Rights

LeadingSerpentine avatar
LeadingSerpentine
Law of Evidence: Hearsay Rule
14 questions

Law of Evidence: Hearsay Rule

WelcomeAstrophysics avatar
WelcomeAstrophysics
Hearsay and Dying Declarations in Law
40 questions

Hearsay and Dying Declarations in Law

RomanticJacksonville avatar
RomanticJacksonville
Hearsay Evidence and Witness Testimonies Quiz
41 questions

Hearsay Evidence and Witness Testimonies Quiz

StaunchBanshee7019 avatar
StaunchBanshee7019
Use Quizgecko on...
Browser
Open
Browser
Browser