Exam 9: Hearsay and Its Exceptions

Oscar is on trial for beating Lola, his wife. Pat, a neighbor who saw Oscar hitting Lola, called the police. The violence escalated while Pat was talking to the 911 operator and Pat screamed, "He's going to kill her!" Lola was taken to the hospital. The officer confronted Oscar and asked him why he did it. Oscar did not answer. Five minutes later the officer arrested Oscar. The next day a police officer interviewed Lola and she made the following statement, "Oscar hit me because he was drunk. He does that all the time, but this time it was worse." Will Lola's statement be admissible if she ignores the subpoena and refuses to come to court to testify ?

All statements made by a homicide victim who believes he/she is about to die are admissible under the Dying Declaration Exception to the Hearsay Rule.

The Dying Declaration Exception to the Hearsay Rule is one of the best known rules of evidence. Explain how a police officer would go about obtaining an admissible Dying Declaration.

The hearsay rule applies to oral statements but not written ones.

Oscar is on trial for beating Lola, his wife. Pat, a neighbor who saw Oscar hitting Lola, called the police. The violence escalated while Pat was talking to the 911 operator and Pat screamed, "He's going to kill her!" Lola was taken to the hospital. The officer confronted Oscar and asked him why he did it. Oscar did not answer. Five minutes later the officer arrested Oscar. The next day a police officer interviewed Lola and she made the following statement, "Oscar hit me because he was drunk. He does that all the time, but this time it was worse." Will Pat's statement to the 911 operator be admissible?

Mary worked at a bank. Ned approached her teller's cage and gave her a demand note that said, "Go to the vault. Fill this sack with $20 bills. I've got a gun aimed at your head, so don't try anything heroic." Mary screamed. Ned shot her and ran out the door. Just before she died, Mary told an officer that Ned was her ex-husband and he had been robbing banks for years. Can Mary's identification of Ned as the person who shot her be admitted at his trial for felony murder as a dying declaration?

Silence when a police officer is accusing a person of committing a crime is not considered an adoptive admission.

Some states allow police officers to testify to hearsay at the preliminary hearing even though the same testimony would be inadmissible hearsay at trial. Discuss the pros and cons of having an officer testify instead of the crime victim in light of the Former Testimony Exception to the Hearsay Rule.

Testimony about reputation is not admissible at trial because it is double hearsay.

To be admissible under the Reputation Exception to the Hearsay Rule, the statement:

"Statement" as used in the Hearsay Rule means:

Statements made by crime victims are admissible at trial only if they are considered testimonial.

Jerry and Kim were charged with grand theft for stealing a famous painting from a museum. The prosecution claims that Jerry planned the heist but the theft was carried out by Kim and Lewis. Lewis was given immunity in exchange for testifying against Jerry. Kim entered a guilty plea. Will Kim be allowed to testify that, the day after she agreed to help steal the painting, Jerry told her how to disable the security cameras at the museum?

Explain why the Hearsay Rule was developed and why the admission of hearsay in a criminal trial may violate the defendant's Sixth Amendment rights.

A transcript of testimony at the preliminary hearing is admissible at trial if the witness in question is unavailable to testify.

An adoptive (tacit) admission is:

Admissions of a party to the case are admissible in court:

A statement made by the defendant falls under the Admissions Exception to the Hearsay Rule in a criminal trial.

To qualify for the Dying Declaration Exception to the Hearsay Rule, the dying person's statement:

The Ancient Documents Exception to the Hearsay Rule is used: