Rules of Hearsay Exceptions in Legal Context
Explore the intricacies of out-of-court declarations by unavailable persons in legal proceedings, discussing the concept of unavailability, former testimony, dying declarations, and third-party statements of guilt. Learn about the conditions and exceptions surrounding these rules, as established by Prof. Janicke in 2022.
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Presentation Transcript
CHAPTER 4, PARTS D-H RULE 804: OUT-OF-COURT DECLARATIONS BY PERSONS WHO ARE NOW UNAVAILABLE Prof. Janicke 2022
THOUGHT TO BE WEAKER (HENCE WIT. UNAVAILABILITY REQUIREMENT) RULES DRAFTERS (AND COMMON LAW) DEVELOPED A SET OF HEARSAY EXCEPTIONS THAT COULD BE USED ONLY WHEN THE DECLARANT IS UNAVAILABLE AT TRIAL A COMPROMISE BETWEEN OUTRIGHT EXCLUSION AND OUTRIGHT ADMISSIBILITY 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 2
MEANING OF UNAVAILABLE R. 804(a) ASSIGNED WITHOUT ANY CONNIVANCE BY PROPONENT: THE DECLARANT REFUSES TO ANSWER REFUSES TO ATTEND, OR CAN T BE FOUND HAS A LOSS OF MEMORY IS DEAD IS INCAPACITATED MENTALLY OR PHYSICALLY 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 3
PROBLEMS/CASES BARBER 4-O 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 4
FORMER TESTIMONY RULE 804(b)(1) - ASSIGNED AT A HEARING OR DEPOSITION IN THIS OR ANOTHER CASE NOW-OPPONENT MUST HAVE HAD OPPORTUNITY AND MOTIVE TO CROSS-EXAMINE 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 5
NOTE AN OPPOSING PARTY S TESTIMONY DOESN T NEED THIS EXCEPTION IF OFFERED BY THE ADVERSE PARTY, IS AN ADMISSION; IT IS NOT HEARSAY AT ALL; IT COMES IN E.G.: PLAINTIFF OFFERS DEFENDANT S TESTIMONY; DEFENDANT OFFERS PLAINTIFF S TESTIMONY Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 2022 6
DYING DECLARATIONS RULE 804(b)(2) - ASSIGNED SUPPOSED RELIABILITY BASIS: NO ONE WOULD FALSIFY WHILE SOON TO MEET HIS MAKER REQUIREMENTS 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 7
THIRD-PARTY STATEMENTS OF GUILT/FAULT OFTEN CALLED 3RD PARTY CONFESSIONS. R. 804(b)(3) - ASSIGNED STATEMENT THAT WAS AGAINST DECLARANT S INTEREST PECUNIARY PENAL DECLARANT WAS A NON-PARTY TO THE PRESENT TRIAL 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 8
MOST ARE OFFERED BY DEFENDANTS, CIVIL AND CRIMINAL, THROUGH WITNESSES TO DEFLECT BLAME 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 9
EXAMPLES OF NON-PARTY CONFESSIONS OFFERED BY D, THROUGH WITNESSES OR DOCUMENTS: TESTIMONY: NONPARTY X SAID TO ME: OUR TECHNICIAN WIRED IT WRONG DOCUMENT: NONPARTY X Co. s LETTER RECALLING X S AUTOS FOR DEFECTIVE FUEL LINES TESTIMONY: NONPARTY X SAID: SORRY WE BLEW UP YOUR HOUSE 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 10
BIG RESTRICTION ON NON- PARTY CONFESSIONS WHEN OFFERED BY D TO EXCULPATE D IN CRIMINAL CASE: MUST HAVE CORROBORATING CIRCUMSTANCES THAT CLEARLY INDICATE ITS TRUSTWORTHINESS 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 11
PROBLEMS/CASES 4P 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 12
OUT-OF-COURT STATEMENT RE. FAMILY HISTORY RULE 804(d)(4) - ASSIGNED EXAMPLE: TESTIMONY THAT MY MOTHER TOLD ME I WAS HARRY S SON EXAMPLE: TESTIMONY THAT HER FATHER TOLD ME JEAN WAS BORN IN THE NAVAL HOSPITAL AT NEWPORT NOTE: RECALL THAT DECLARANT (MOTHER, FATHER) MUST BE UNAVAILABLE Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 2022 13
DECLARATIONS BY PERSONS WHO HAVE SINCE BEEN RUBBED OUT R. 803(b)(6) - ASSIGNED IF THE REMOVER IS A PARTY, THESE ARE NOW ADMISSIBLE AGAINSTHIM 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 14
THE CATCHALL: RULE 807 ASSIGNED FOR THE ALMOST SITUATIONS FOR THE UNPREPARED LAWYER WHO DOESN T KNOW HOW TO OVERCOME A SUSTAINED HEARSAY OBJECTION FOR THE JUDGE WHO WANTS TO BE BULLETPROOF ON APPEAL 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 15
PROBLEMS/CASES Weaver 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 16
THE SIXTH AMENDMENT CONFRONTATION CLAUSE, vs. HEARSAY EXCEPTIONS BEING USED BY PROSECUTORS TESTIMONIAL TYPE HEARSAY MUST BE KEPT OUT OF CRIMINAL PROSECUTIONS, DESPITE RULES 803, 804 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 17
MEANING OF TESTIMONIAL: HELPING AUTHORITIES WITH AN INVESTIGATION 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 18
PROBLEMS/CASES Crawford [A TESTIMONIAL STATEMENT] Davis [A NON-TESTIMONIAL STATEMENT] 2022 Ch. 4 D-H Hearsay Exceptions -- Declarant Unavailable 19
