Hearsay attack[1]

Hearsay attack[1] - Hearsay o Out of court statement...

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Hearsay o Out of court statement Statement can be assertive conduct Silence is generally not a statement Look for the performative aspects Ex: putting on my coat, delivering mail o Offered to prove the truth of the matter asserted o Note – does the declarant’s credibility effect the probative value of the statement Hearsay Risks o Misperception o Faulty Memory o Misstatement o Insincerity NonHearsay o Impeachment Show that the declarant “blows hot and cold” o Verbal Acts Independent legal significance Ex: contracts, fraud, threats o Effect on the hearer/reader Showing that the hearer had notice Ex: in a statutory rape case the girl told D that she was 14 Showing that what the person did was reasonable due to what he heard Ex: I’m from the gas company o Verbal Objects Words on objects, we aren’t introducing them to prove what they assert rather to identify Ex: the car had a bumpersticker that said “I love NY” – you aren’t introducing it to show that the driver loved NY rather to identify that the car was the one you saw driving away Ex: the briefcase has the initials “BB” on it. We are not introducing the initials to show that the briefcase belongs to Beth Burch, rather that it is more likely that the suitcase would belong to someone with the intitals “BB” Rule 902(7) – trade inscriptions affixed in the course of business are admissible to show that the item belongs to the company. Ex: a can of peas that says “green giant” admissible to show that green giant manufactured the peas Verbal Marker A person rather than a label identifies the person, and another person corroborates Ex: The bartender points out the guys that gave her counterfeit money to the cop. The cop arrests the guys. At trial the bartender can’t remember what the guys looked like but can testify that she accurately pointed them out the night it happened. Then the cop testifies that the defendants are the guys that the bartender pointed out that night.
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