For instance when a witness testifies as to a declarants statement of intent

For instance when a witness testifies as to a

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not present the usual concerns with the reliability of hearsay testimony. For instance, when a witness testifies as to a declarant’s statement of intent, there are no memory problems with the declarant’s statement of intent and there are no perception problems because a declarant cannot misperceive intent. When applying this exception, it is important to keep in mind that the reliability concerns of hearsay relate to the out-of-court declarant, not to the witness who is offering the statement in court. Example: Mike is on trial for a murder that occurred at the West End Restaurant . Mike’s defense relies upon the theory that another person, Jane, committed the murder. The defense then calls a witness who testifies that on the night of the murder he heard Jane say that she intended to go to the West End Restaurant. This hearsay statement is admissible as proof of Jane’s intent to go to the restaurant. Rule 404: BUSINESS RECORDS. A judge may admit a memorandum, report, record, or data compilation concerning an event or act, provided that the record was made at or near the time of the act by a person with knowledge and that the record is kept in the regular course of business. The rationale for this exception is that this type of evidence is particularly reliable because of the regularity with which business records are kept, their use and importance in the business and the incentive of employees to keep accurate records or risk being reprimanded by the employer.
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2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 38 Example: Diane is on trial for possession of an illegal weapon. The prosecution introduces a written inventory prepared by a po lice officer of items, including a switchblade knife, taken from Diane when she was arrested as evidence of Diane’s guilt. The written inventory is admissible. In this example, the statement that is hearsay is the written inventory (hearsay can be oral or written), the declarant is the police officer who wrote the inventory and the inventory is being offered into evidence to prove that Diane had a switchblade knife in her possession. The reason that the written inventory is admissible is that it was a recor d made at the time of Diane’s arrest by a police officer, whose job required her to prepare records of items taken from suspects at the time of arrest and it was the regular practice of the police department to prepare records of this type at the time of an arrest. Rule 405: PRESENT SENSE IMPRESSION . A judge may admit an out-of- court statement of a declarant’s statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. The rationale for this exception is that a declarant’s description of an event as it is occurring is reliable because the declarant does not have the time to think up a lie.
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  • Spring '17
  • mrs callman
  • Test, The Land, attorney, Mock Trial Subcommittee

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