Evidence-Wellborn SU2006 Outline

911 tape of declarant describing alleged police

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Unformatted text preview: ription is immediate. Reduction in lying Elimination of memory as a danger Witness is usually in the position to check for himself if it's accurate (not always and certainly is not required but this is often the case). Immediately should be construed very strictly and Wellborn says it mainly is, but not always...Wellborn says a minute is too long for present sense impression. No requirement that witness be in position to check declarant's statement. Rule 803(1) does not require that the witness who recounts the hearsay utterance have had an opportunity to observe and check what the declarant describes. Lapse of time between event and statement. The rule requires that the declaration if not simulataneous with the event, be made "immediately thereafter." "Immediately" permits only a slight lapse of time! Example Inadmissible: Fifteen to 45 minute lapse between event and statement too long Example Admissible: Ms. Hawkins stated "my husband JUST pulled a gun out on me." "Describing or explaining&quo...
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