Evidence-Wellborn SU2006 Outline

A statement is not hearsay if the statement is

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Unformatted text preview: ing the course and in furtherance of the conspiracy. o Concept of this = related to the substantive criminal law. (Whatever your co-conspirators do, you are substantively liable for!) Evidence Handbook Notes on Admissions by a Party-Opponent (Hearsay Exception): Admissions and statements against interest distinguished. Unlike the rule 804(b)(3) statement against interest hearsay exception, a statement by a party qualifies as an admission even if it was not against interest when made. Admissions by accused. In criminal cases, statements by an accused made prior to his arrest are admissible against him as admissions. It is not required that the accused know he was incriminating himself by making the statement. Statements by an accused made after the arrest, to be admissible, must satisfy the requirements of the Miranda doctrine. Note: The state, not the victim, is the party-opponent of the accused in a criminal proceeding. Therefore, an out-of courtstatement by the victim, while it may be admissible to impeach the victim as a witness under Rule 613, is not admissible against the...
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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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