Hearsay #2 flashcards | Quizlet.pdf

Hearsay #2 flashcards | Quizlet.pdf - Hearsay#2 274 terms...

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Hearsay #2 274 terms by Jankowjs Like this study set? Create a free account to save it. Create a free account Create a free account Confrontation Clause Clause in the US Constitution that entitles a defendant in a criminal case to demand witnesses to testify against him in his presence Indicia of Reliability Characteristics of a statement, otherwise inadmissible as hearsay, that courts believe sufficiently establish the statement's reliability so that cross- examination is not required Forfeiture of Wrongdoing A rule permitting the admission of hearsay evidence as a penalty against a defendant who wrongfully made the declarant unavailable hearsay rules and the confrontation clause both recognize what? the importance of face-to-face contact between witness and accused and the crucial role of cross-examination hearsay is not admissible as evidence unless there is a showing of what? substantial reliability for the statement When were the exceptions to the hearsay rule developed? At common law the Federal Rules of Evidence divide the hearsay exceptions into 2 groups: Rule 803 exceptions and Rule 804 exceptions ±
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most states and the federal government provide that a showing of what is NOT required for hearsay exceptions? unavailability of a declarant Rule 804 exceptions Require a showing that the declarant is unavailable to testify in person Defines unavailability Lists kinds of hearsay not excluded even if the declarant is unavailable Crawford vs. Washington USSC held that where testimonial hearsay is offered and the person who made the statement is unavailable to testify, the confrontation clause prohibits the statements unless defendant has the opportunity to cross examine the question of the meaning of testimonial statements was left open 6 Firmly rooted exceptions to hearsay rule Excited Utterance Then existing mental, emotional, or physical condition exception Statements for purposes of medical diagnosis or treatment exception Regularly kept records exception Dying declaration exception Statement against penal interest exception Where are the firmly rooted exceptions found? federal law and the law of most states What is an excited utterance? a statement relating to a startling event or condition made while declarant was under stress of excitement Why are excited utterances reliable? trustworthiness comes from the fact that the victim or witness has no time to reflect or fabricate statements What is the then existing mental, emotional, or physical condition exception? statement of declarant's then existing state of mind, emotion, sensation, or physical condition such as intent, plan, motive, design, mental feeling, pain, or bodily harm
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What are statements for purposes of medical diagnosis or treatment exception?
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