Deck 9: Hearsay and Its Exceptions

Question 1

Statements the defendant made during the time the crime was being committed can be admitted as contemporaneous declarations.

Answer 1

True

Question 2

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

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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

Question 5

The prosecution can introduce a statement under the Former Testimony Exception to the Hearsay Rule to impeach but not as part of the prosecution's case in chief.

Question 6

A statement qualifies as a spontaneous statement only if it was made while the declarant was still under the stress and excitement of the event.

Question 7

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

Question 8

A person's explanation to the police that last year he/she stole money while under extreme duress is admissible under the Mental or Physical State Exception to the Hearsay Rule.

Question 9

All statements not made in court are hearsay.

Question 10

The declarant is the person who originally made the statement.

Question 11

Prior inconsistent statements are admissible to impeach the person who made them.

Question 12

A statement may be introduced as a declaration against interest only if the person who made the statement testifies at trial.

Question 13

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.

Question 14

A witness's prior consistent statements cannot be used to bolster his/her testimony.

Question 15

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

Question 16

The Ancient Documents Exception to the Hearsay Rule is no longer used in United States courts.

Question 17

Statements are admissible under the Mental and Physical State Exception to the Hearsay Rule only if they describe a condition that existed at the time the statement was made.

Question 18

Hearsay is admissible in court only if the declarant is unavailable to testify.

Question 19

All statements by a co-conspirator are admissible against other co-conspirators at trial.

Question 20

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

Question 21

How does a spontaneous statement differ from a contemporaneous declaration?

A) Contemporaneous declarations can be made in response to questions but spontaneous statements can not
B) Spontaneous statements must be made orally but contemporaneous declarations can be either oral or written
C) Contemporaneous declarations can be made with law enforcement officers present but spontaneous statements can not
D) Spontaneous statements are admissible at trial but contemporaneous declarations are not

Question 22

A hearsay declarant is considered unavailable as a witness at trial if:

A) the declarant cannot testify because the statements are privileged.
B) the declarant no longer recalls the statement.
C) the declarant cannot attend court due to severe mental illness.
D) All of these qualify as unavailable witnesses

Question 23

A co-conspirator's statement can be used at the trial of the other conspirator:

A) only if the co-conspirator refuses to testify
B) only if both conspirators are on trial at the same time
C) only if the statement was made to the police
D) only if the statement was made during the course of the conspiracy

Question 24

An adoptive (tacit) admission is:

A) A gesture or non-verbal communication
B) Failure to deny allegation
C) Actively endorsing another person's statement as one's own opinion
D) Written statement admitting guilt

Question 25

Which is more important under the Dying Declaration Exception to the Hearsay Rule?

A) Doctor's prognosis that death is near
B) Injured person's subject belief death is near
C) Injured person's objective belief that death is near
D) All of these receive equal weight when evaluating if the Dying Declaration Exception can be used at trial

Question 26

Which of the following statements best describes the decisions of the U. S. Supreme Court since 2000 about the use of hearsay in criminal trials?

A) The Supreme Court has not changed the rules on using hearsay at criminal trials.
B) Hearsay is no longer admissible if the declarant does not take the witness stand.
C) Testimonial hearsay is no longer admissible if the declarant does not take the stand.
D) Hearsay is no longer admissible at criminal trials.

Question 27

Statements admitted under the Mental and Physical State Exception to the Hearsay Rule can be used to:

A) Establish a motive for committing the crime
B) Establish that a person's memory is not impaired
C) Prove the person is not paranoid by showing that prior events actually occurred
D) Statements about all of the these can be admitted under the Mental and Physical State Exception to the Hearsay Rule

Question 28

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

A) Only if introduced by the opposing party
B) Admissible in civil cases but the Fifth Amendment prohibits their use in criminal trials
C) Admissible to impeach a party that testifies but not as evidence of guilt
D) Admissible by either side as long as the statements are documented

Question 29

Under the Mental and Physical State Exception to the Hearsay Rule, the statement must be about:

A) Currently existing mental or physical state
B) Physical or mental pain and suffering at that moment
C) Intent to commit a crime
D) Previously existing mental or physical state

Question 30

"Statement" as used in the Hearsay Rule means:

A) oral statements.
B) written assertions.
C) nonverbal conduct.
D) All of these are considered "statements"

Question 31

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

A) must be spontaneous
B) must relate to current mental state
C) must relate to cause of impending death
D) all of these must be present for the Dying Declaration Exception to the Hearsay Rule

Question 32

Which exception to the Hearsay Rule is the prosecution most likely to use when asking the detective to restate the defendant's confession if the defendant will testify at her own trial?

A) Admissions
B) Declaration against Interest
C) Contemporaneous Declaration
D) The prosecutor could use any of these that he chooses

Question 33

Prior consistent statements are admissible:

A) To impeach a witness
B) To rehabilitate a witness
C) To corroborate testimony
D) Prior consistent statements are admissible for all of these purposes

Question 34

The Former Testimony Exception to the Hearsay Rule allows a transcript of sworn testimony to be used at trial. This would apply to testimony taken at:

A) A preliminary hearing in the same case
B) Any criminal or civil proceeding in the same jurisdiction
C) A previous trial of the same defendant on any type of charges
D) All of these would qualify under the Former Testimony Exception to the Hearsay Rule

Question 35

When would a statement made to a police officer qualify under the Spontaneous Statement Exception to the Hearsay Rule?

A) when suspect is detained in the field and only asked a few questions
B) when victim makes statement before officers asks him/her questions
C) after suspect who is in custody waives Miranda rights
D) all of these qualify for the Spontaneous Statement Exception to the Hearsay Rule

Question 36

The Ancient Documents Exception to the Hearsay Rule is used:

A) To admit old documents that have been treated as though they are authentic
B) To settle disputes when it appears old documents have been altered
C) When scholars want to trace the common law
D) None of these

Question 37

The Declaration Against Interest Exception to the Hearsay Rule requires that the statement be:

A) against a pecuniary interest
B) self-incriminating
C) invalidates a civil claim
D) all of these qualify for the Declaration Against Interest Exception to the Hearsay Rule

Question 38

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

A) must be offered to rehabilitate a witness
B) must contain specific examples of the character trait at issue
C) must be based on reputation among associates or in the community
D) there is no Exception to the Hearsay Rule for reputation

Question 39

Which of the following exceptions to the Hearsay Rule apply only if the declarant is unavailable?

A) Admissions
B) Declaration Against Interest
C) Spontaneous Statements
D) All of these are admissible only if the declarant is not available

Question 40

Statements police obtain from the crime victim are admissible at a criminal trial:

A) Only if they qualify as excited utterances.
B) Officer may testify about nontestimonial hearsay statements  made by victim.
C) Officer may testify about testimonial hearsay statements made by victim.
D) Victim's statements admissible only if the victim testifies

Question 41

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.

Question 42

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." Can Oscar's silence when the officer confronted him be used against him?

A) Yes, failure to deny an allegation is admissible as an adoptive admission.
B) Yes, he was not in custody so Miranda does not apply.
C) No, failure to respond when confronted by an authority figure does not qualify as a tacit admission.
D) No, Oscar has a Fifth Amendment right to remain silent.

Question 43

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?

A) Yes, if the autopsy shows that Mary died from being shot by Ned.
B) Yes, if Mary believed that death was imminent.
C) No, Mary's statement was hearsay.
D) No, only the medical examiner can determine cause of death.

Question 44

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 Lewis be allowed to testify that Jerry became frightened when the police sounded their sirens and said, "This reminds me of years ago when I got caught trying to rob a bank."

A) Yes, it is an excited utterance.
B) Yes, it is a statement of mental state.
C) No, it does not relate to the events occurring at the time he made the statement.
D) No, Lewis has a reputation for untruthfulness.

Question 45

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 Mike, a mutual friend, told her that Jerry told him that he planned to sell the painting for $1 million?

A) Yes, Kim's statement falls under co-conspirator statements.
B) Yes, Jerry's statement is an admission.
C) No, what Jerry told Mike is double hearsay.
D) No, Kim lacks credibility because she is a co-conspirator.

Question 46

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.

Question 47

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. If Lewis is impeached based on prior inconsistent statements he made to the police on April 1,the day he was arrested, will the prosecution be allowed to introduce a transcript of Lewis's testimony at the preliminary hearing on April 12 to establish a prior consistent statement?

A) Yes, transcripts of preliminary hearings are admissible as Former Testimony.
B) Yes, consistent statements made before trial are admissible to rehabilitate a witness.
C) No, the consistent statement must have been made before the inconsistent statement was made.
D) No, Lewis accepted immunity when he agreed to testify for the prosecution.

Question 48

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 ?

A) Yes, the officer tape recorded it.
B) Yes, it is based on first-hand knowledge.
C) No, her statements are admissible only if they qualify as spontaneous declarations.
D) No, statements Lola made to the officer at the hospital are testimonial hearsay.

Question 49

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. Is the demand note hearsay?

A) Yes, hearsay includes oral and written statements.
B) Yes, it was not notarized.
C) No, hearsay does not include written notes.
D) No, it is an admission.

Question 50

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?

A) Yes, it is a statement by a co-conspirator.
B) Yes, it is a spontaneous statement.
C) No, it is a declaration against interest.
D) No, unless someone from the security company testifies.

Question 51

Prior inconsistent statements are admissible to impeach and prior consistent statements can be used to rehabilitate a witness who has been impeached. Discuss the benefit of using these statements at trial versus the confusion they may cause the jurors.

Question 52

Explain how the Admissions Exception to the Hearsay Rule applies to statements by the Defendant. Explain how the Admission Exception to the Hearsay Rule applies to statements made by the defendant that are not covered by Miranda .

Question 53

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 statement be used at Ned's trial for the prior bank robberies?

A) Yes, the statement was made when Mary believed that death was imminent.
B) Yes, if Ned told her that he committed the robberies.
C) No, there is no corroboration for the statement.
D) No, the statement does not relate to the cause of Mary's death.

Question 54

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.

Question 55

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?

A) Yes, it is testimonial hearsay.
B) Yes, it was an excited utterance.
C) No, she was not qualified to determine how serious the injuries were.
D) No, she is not qualified to evaluate Oscar's intent.