Exam 8: The Confrontation Clause and Exceptions to the Hearsay Rule

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Ohio v.Roberts is still apparently good law if the hearsay statement involved is not ______________.

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testimonial

There is a hearsay exception for learned treatises that are established, reliable sources.

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True

An ______________ is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.

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A

The dying declarations exception requires that the declarant be dead or otherwise ____________ at the time of trial.

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The common law recognized the dying declarations exception to the hearsay rule.

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The Confrontation Clause does not apply to ___________out-of-court statements.

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The Confrontation Clause applies in civil cases.

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In Chambers v.Mississippi (1973), the state rule disallowing hearsay statements against penal interest to be used by defendants was found to be in violation of the U.S.Constitution.

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The Confrontation Clause is found in the Fifth Amendment.

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Hearsay exceptions utilized by the government threaten values protected by the Sixth Amendment's ____________ Clause.

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Explain and discuss how Crawford v.Washington (2004) made major changes in the law.Explain why you agree or disagree with the decision.

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The _______Rules of Evidence list 27 exceptions to the exclusionary rule.

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To qualify for the hearsay exception for ancient documents, the document must be over _______ years old.

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A defense witness states that he heard a person other than the defendant admit to the crime.This statement could be admissible under the exception for statements against penal interest.

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A long delay in reporting a sexual assault could be a factor considered by a jury in determining whether there was _______to the sexual act.

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Exceptions to the hearsay rule mandate that the hearsay offered have some

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Statements made to a physician for the purpose of diagnosis or treatment

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There is a hearsay exception for statements about then existing mental, emotional, or physical ____________.

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Police interrogations can produce both testimonial and non-testimonial evidence.

(True/False)
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Statements to physicians are an exception to the hearsay rule only if made by the patient for purposes of treatment or ____________.

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