Hearsay Exceptions in Law
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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.</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.</p> Signup and view all the answers

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

    <p>16 minutes</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.</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.</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.</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</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.</p> Signup and view all the answers

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

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

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

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

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

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

    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.

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    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.

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