Exam 10: Hearsay Rule and Exceptions

"A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted," is a definition of:

There are four general reasons that support the hearsay rule. In regard to this:

A dying declaration is a statement by the victim concerning the case and circumstances of a homicide. In regard to the use of dying declarations:

When considering the history of the hearsay rule:

Why are business and public records usually admitted as hearsay exceptions, even though the person who originally made the records is not present? Give some examples of reports that are admissible under the exception.

In Gonzalez v. State, the Texas defendant had been accused of murdering two individuals, one of whom died at the scene and another, who died later. Prior to dying, one of the victims offered an excited utterance that described how the entries were received, who was the perpetrator, what he looked like, where the perpetrator's relatives lived, and noted that the perpetrator stole her truck. At Gonzalez' murder trial, he contended that the police officer should not be permitted to tell the court what the deceased victim told the officers at the crime scene. Gonzalez contended that the admission of the evidence of these victims' excited utterances violated his Sixth Amendment right to confront and cross-examine adverse witnesses. The Texas Court of Criminal Appeals determined that:

In Gonzalez v. State, a defendant had been charged with killing a woman during a robbery. When police arrived, the woman victim was in shock, scared, and bleeding, but she was still conscious and asking for help when police responded. She told officers that she had been shot by a kid who lived across the street, and she noted that the kid stole her truck. The woman knew her situation was grave, but she never told anyone that she knew that was dying. Over a defendant's objection, a police officer offered her dying declaration at the defendant's murder trial. Should the trial court have permitted the woman's statement to the officer to be admitted as a dying declaration? What arguments should you make if you want the woman's statement kept from admission at trial? All things considered, should dying declarations be permitted, because a defendant cannot cross-examine the dead witness?

When a police officer takes the stand and is asked to testify concerning the substance of a confession or admission by a suspect:

What is a dying declaration? Must a declarant actually state that he or she is aware of imminent death before the statement is admissible? In what type of case is a dying declaration admissible? Are such statements admitted if elicited by questions?

In some instances, evidence is offered not for its assertive or testimonial use, but to show the state of mind of the person making such a statement. Such statements are:

The hearsay rule:

What four reasons are advanced as to why hearsay evidence should not be admitted? What is the supporting rationale for allowing some hearsay evidence to be admitted?

Explain the basis for the family history

In the case of Davis v. State, the defendant appealed two sentences of death. Davis had been found guilty of capital murder for placing gasoline on two women and setting them on fire. One of his appeal grounds concerned the dying declaration of one of the victims. There was evidence that one of the victims was clearly not going to survive, and she had mentioned her concerns about her children. She also identified the defendant by name. In this case, did the dying declarant meet the requirements so that her statement could be admitted against the defendant as a dying declaration? Did the fact that the defendant was unable to cross-examine the dying declarant indicate that a dying declaration was no longer admissible under Florida law? What did the Supreme Court of Florida conclude?

What is the rationale for allowing some confessions into evidence even though the confessions are hearsay? Are confessions reliable as hearsay exceptions? Does the defendant have a real complaint when the defendant actually made the confession?

One of the reasons for the general rule that hearsay evidence is inadmissible is:

Under what conditions may evidence relating to testimony given at a former trial be admitted into court? Who has the burden of proof to show that a witness is unavailable? What is the "unavailability" test?

In the case, Davis v. State, the defendant had been convicted of two counts of capital murder. One of the victims was permitted to offer to a witness and to a paramedic a detailed story of what the defendant did to her with respect to dousing her with gasoline and setting her on fire. She appeared to be concerned about her children that she might leave after her death, and the paramedic indicated that it was clear to him that she would not survive. The defendant contended that the victim's dying declaration should not have been admitted. The Supreme Court of Florida concluded that:

What is the relationship between the history of the hearsay rule and the history of the trial by jury?

Under Federal Rule 804, former testimony of a witness is admissible if the declarant is unavailable. Decisions relating to the term unavailability have held that: