Laws of Evidence Essay

1363 Words Sep 1st, 2014 6 Pages
Laws of Evidence Assignment 5
Using just the Federal Rules of Evidence and your knowledge of the hearsay rule and its exceptions, please discuss briefly whether each of the following nine out of court “statements” may be allowed into evidence or whether they are barred by the hearsay rule:

1) The five (5) statements that appear in “Practice Application 12.1" in your textbook, which appears at the end of Chapter 12 (page 323) of your textbook

2) The four (4) statements that appear in “Practice Application 13.1" in your textbook, which appears at the end of Chapter 13 (page 362-363) of your textbook

You do not need to cite outside cases for this assignment. I am just looking for a short explanation for each one as to whether it is
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The important thing here is the “and”. Statements that the declarant does not make while testifying at the current trial or hearing; and a party offers in evidence to prove the truth of the matter asserted in the statement. While the evidence is trying to be used to prove the truth it is not a statement that the declarant made out of court. It is not hearsay and therefore it can be used in this case. 3. Defense offers a prior statement given by Marge to police officers at the school that she did not clearly see who made the statement in the hallway about the bomb being planed.

This would not be admissible as evidence. This report was made for a special reason and could be “self-serving”. Based on the Fed. R. Evid. This kind of statement is not admissible under any of the given exceptions.

4. Defense offers a witness, Sam, who testifies that he was in the school hallway when Marge turned to him and said that she had just heard a student say a bomb had been planted in the school.
This would be a present sense impression. Falling under rule 803(1), that defines a present sense impression as, “[a] statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.” The statement made by Marge was made in the present sense while she perceived it. Therefore, it can be used

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