Criminal Evidence 2nd Edition PDF

Criminal Evidence Second Edition CHAPTER 10 Hearsay ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition...

Criminal Evidence Second Edition CHAPTER 10 Hearsay ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Testimonial Evidence A written or oral assertion offered as proof of truth in court ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Hearsay Statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted Declarant – Person making a statement in question ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Hearsay Two broad categories of hearsay exist 1. Assertion-Centered Statements 2. Declarant-Centered Statements ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Hearsay Assertion-Centered Statements – Those statements in which the declarant intends to communicate his/her thoughts or beliefs. Declarant-Centered Statements – Hearsay statements made by lay or expert witnesses that often involve an evaluation as to the declarant's credibility ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Prior Statements Hearsay statements that were made by the declarant prior to the proceeding at hand This is true if one of the following qualifications is present: – The statement is inconsistent with the declarant's testimony and was given under oath at a trial, hearing, or deposition in which perjured testimony could be subjected to punishment ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Prior Statements This is true if one of the following qualifications is present: – The statement is consistent with the testimony and is offered in rebuttal to a charge that the recent testimony was recently fabricated or is improperly influenced or motivated ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved. Admissions by the Party Opponent An exception to the hearsay rule that permits the introduction of a statement offered against another party if that person was the declarant; or manifested an adoption or belief in that statement; or authorized the statement; or is within the scope or made during the course of employment; or the declarant was a co-conspirator ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Adoptive Admissions A statement of which the party has manifested an adoption or belief in its truth ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Admissions by Silence Failure to deny or otherwise challenge assertions may infer an admission by silence by the listening party and may constitute a nonverbal assertion exempted by the hearsay rule. ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Circumstantial Admissions Circumstantial Admission of Guilt – Statement or conduct of a criminal defendant suggestive of guilt ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Circumstantial Admissions Actions taken to obstruct justice Plea negotiations Payment of medical expenses ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Circumstantial Admissions Co-conspirator rule – A legal ruling establishing that the confession of a co-conspirator that identifies or otherwise implicates the defendant can only be used when the individual who confesses takes the witness stand and is subject to cross- examination ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved. Exceptions to the Hearsay Rule Witness unavailability Insufficient memory Absence Former testimony ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved. Exceptions to the Hearsay Rule Dying Declarations – A statement made by a dying person about the cause or circumstances of the impending death Declarations against Interest – Statements that are against the pecuniary or proprietary interest of the declarant ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved. Exceptions to the Hearsay Rule Statements of personal or family history Other exceptions ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Immateriality of Witness Availability Present-Sense Impressions – A statement is admissible if it describes or explains any event or condition made while the declarant was perceiving, or immediately after perceiving, such event or condition. ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Immateriality of Witness Availability Excited Utterances – Observations experienced through any of the five senses and are offered spontaneously under the stress or excitement of an event ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Immateriality of Witness Availability Mental, emotional, or physical condition Medical diagnosis or treatment ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.  Immateriality of Witness Availability Past recorded recollections – An exception to the hearsay rule that permits the introduction of a recorded statement if the declarant's present recollection is insufficient to fully and accurately testify and if the statement was recorded in a timely manner consistent with a demonstration that such statement was intended to reflect the knowledge correctly ICD-10-CM/PCS Criminal Evidence: Coding: 2nd Edition A Map to Success Copyright © 2016 by Pearson Education, Inc. Lorraine Marjie T. M. Britz Papazian-Boyce All Rights Reserved.