CJ305: Legal Foundations of Criminal Evidence. Welcome to Unit 4! Instructor: K. Austin Zimmer, J.D. Make sure you adjust your speakers and audio settings on your computer so you can hear the music. Any questions???. Hearsay – A definition.
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Welcome to Unit 4!
Instructor: K. Austin Zimmer, J.D.
Make sure you adjust your speakers and audio settings on your computer so you can hear the music.
(1) dying declarations
(2) spontaneous declarations,
(3) state of mind
(4) statements for purposes of medical diagnosis or treatment
(5) former testimony
(6) business records
(7) family history or pedigree
(8) past memory recorded
(9) prior statements of witnesses
(10) admissions and confessions
(11) declarations against interest
They fall into two categories:
There are three types of prior statements by witnesses:
To be admissible under the excited utterance exception to the hearsay rule, the utterance:
(1) must relate to a startling event
(2) must have been made while the declarant was under the stress of excitement caused by the event
Thus, statements for purposes of medical diagnosis are admissible under FRE 803(4) if the statements:
(1) are made for purposes of medical diagnosis or treatment
(2) are made by the patient or someone speaking on his or her behalf
(3) are made to a doctor or other medical person
(4) describe medical history, pain, symptoms, or causes (but not attributing fault) thereof
(5) are reasonably pertinent to the diagnosis or treatment
Both the common law rule and FRE 803(6) require that the business record must be identified as one:
(1) made at or near the time of the event
(2) by, or from information transmitted by, a person with knowledge
(3) made in the regular course of business
(4) kept in the course of regularly conducted business activity