Evidence-Wellborn SU2006 Outline

Example inadmissible fifteen to 45 minute lapse

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Unformatted text preview: the perception, and ambiguity problems: Articulateness is going to be impaired....and your perception But no one cares that these problems exist b/c it is such a common invoked exception much loved. Present Sense Impression FRE 803(1) FRE 803(1): Hearsay Exceptions; Availability of Declarant Immaterial. The following are not excluded by the hearsay rule, even though the declarant is available as a witness: 1. Present Sense Impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. Present Sense Impression is considered more reliable than other types of hearsay because it: Reduces the hearsay danger of lying and Eliminates memory as a danger (so long as the court construes the term immediately strictly!) Present sense impression if a person is describing something immediately when they have seen it, there is no time for fabrication. And obviously, there is no memory danger because the desc...
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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.

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