Evidence-Wellborn SU2006 Outline

present sense impression if a person is describing

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Unformatted text preview: se types of hearsay are adequate substitutes for actual testimony. If you are on a boundary and you are trying to invoke an exception and it is debatable, that's when the courts want to hear why this particular piece is trustworthy in these particular circumstances!!! Often in this sense there is an analysis of the hearsay rules and how they apply to the particular hearsay rules. o What is it in this particular statement that eliminates or reduces the problems in: Perception Memory Lying Or Ambiguity First two exceptions in 803 (present sense impression and excited utterance) have to be taken up together. All focusing on the lying danger, if a person is suddenly confronted with a stressful perception (excited utterance) and they are paralyzed to some extent by this stress and they say something while still in the throes of that, then it's common sense that they are less likely to fabricate, because fabrication generally requires some rumination. But couldn't you say that this increases...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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