Definition of Hearsay
The person who makes an out of court statement.
Who is the declarant?
An example of a situation in which an out-of-court statement by a witness is defined as “not hearsay.”
What is a prior inconsistent statement, a prior consistent statement, or a prior statement of identification of a person?
In order for the former testimony exception to apply, the declarant must be this.
What is unavailable?
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
What is a present sense impression?
The Confrontation Clause protects this kind of party in this kind of case.
What is the accused (defendant) in a criminal case?
When nonverbal conduct is considered an out-of-court statement.
What is when the declarant intended it as an assertion?
For a prior inconsistent statement of a witness to be admitted for the truth of the matter asserted in the statement, the prior inconsistent statement must have been made in these circumstances.
What is under oath and in a proceeding?
A statement under the belief of impending death is admissible only in these types of cases.
What are civil cases and homicide cases?
When hearsay within hearsay may be admissible.
What is when each part of the combined statements conforms with an exception to the rule?
A hearsay statement must characterized as this in order for its admission to violate the Confrontation Clause.
What is testimonial?
A prior inconsistent statement offered only to impeach is not hearsay because it is not offered for this.
What is the truth of the matter asserted in the statement?
For a statement of a party to be admitted as “not hearsay,” it must be offered by this party.
What is the opposing party (against the party who made the statement)?
When a declarant’s statement against interest might be admissible for its truth.
If the declarant is unavailable and a reasonable person in the declarant’s position would have made the statement only if the person believed it to be true.
If a recorded recollection is admitted, it may be read into evidence but only received as an exhibit if this happens.
What is if it is offered into evidence by an opposing party?
A statement that is made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency is probably not this.
What is testimonial?
A statement with independent legal significance is an example of this.
What is a statement that is not offered to prove the truth of the matter asserted in the statement?
The statement of a coconspirator will be admitted for its truth against a party if the coconspirator’s statement was made under these circumstances.
What is during the existence of the conspiracy and in furtherance of the conspiracy?
A statement offered against a party that wrongfullly caused or acquiesced in wrongfully causing the declarant’s unavaibility may be admissible if the party intended this.
What is intended to cause the declarant’s unavailability as a witness?
A statement of the declarant’s then-existing state of mind or emotional, sensory, or physical condition may be admissible but not if it includes this.
What is a statement of memory or belief to prove the fact remembered or believed?
If a hearsay statement is testimonial, then in order for a prosecutor to admit it against the defendant without violating the Confrontation Clause, these two requirements must be met.
What is the declarant must be unavailable and the defendant must have been able to cross-examine the declarant previously?