LAW
Evidence Outline.docx

Imminent made about its cause or circumstances o

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imminent, made about its cause or circumstances. o Proving Belief of Imminent Death 104(a) question for the judge. Page 49 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar This is usually proven by a statement by the declarants and surrounding circumstances. Declarations Against Interest o 804(b)(3). Statement Against Interest The following are not excluded by the rule against hearsay if the declarant is unavailable as a witness: (3) A statement that: (A) a reasonable person in the declarant’s position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant’s proprietary or pecuniary interest or had so great a tendency to invalidate the declarant’s claim against someone else or to expose the declarant to civil or criminal liability; and (B) is supported by corroborating circumstances that clearly indicate its trustworthiness, if it is offered in a criminal case as one that tends to expose the declarant to criminal liability. o Distinguishing 804(b)(3) & 801 804(b)(3) can be offered against anyone. 801 can only be offered against the opponent. 804(b)(3) requires personal knowledge. 801 does not. o Three Kinds of Statements Against Interest Statements against the declarant’s pecuniary or proprietary interest Statements that would hurt the declarant’s civil claim or expose the declarant to civil liability Statements that may subject the declarant to possible criminal liability o If the Declarant Did Not Known the Statement Was Against His Interest Get the declarant to acknowledge the statement is against his interests Reasonable objective person would know it was against their interest o Williamson v. U.S. : Individual statements that are self- incriminating fall under the rule. Non-self-inculpatory (Smith and I robbed the gas station.) and self-exculpatory (Smith and I robbed the gas station, and Smith shot the attendant.) do not fall under the rule. This should be a sentence-by-sentence analysis. 807: Residual Exception Page 50 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar 807. Residual Exception o (a) In General. Under the following circumstances, a hearsay statement is not excluded by the rule against hearsay even if the statement is not specifically covered by a hearsay exception in Rule 803 or 804: (1) the statement has equivalent circumstantial guarantees of trustworthiness; (2) it is offered as evidence of a material fact; (3) it is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts; and (4) admitting it will best serve the purposes of these rules and the interests of justice. o (b) Notice. The statement is admissible only if, before the trial or hearing, the proponent gives an adverse party reasonable notice of the intent to offer the statement and its particulars, including the declarant’s name and address, so that the party has a fair opportunity to meet it.
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