Laws of Evidence

1367 words 6 pages
Show More
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 …show more content…

In the hearsay definition, nonverbal conduct constitutes hearsay if it is intended as an assertion, if it is not intended as an assertion than it is not hearsay. Marge shook her head as an assertion that she saw who made the statement about the bomb. Therefore, this could be hearsay and not an exception to the rule. However, under Rule 803(2) “[a] statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused”, is an exception to the hearsay rule and can be admissible. It is believed that there is little time for reflection and therefore fabrication is a statement is given spontaneously or at the time an event is perceived. Therefore, this testimony can be used in the trial.

Practice Application 13.1

1. 911 call: The 911 call said, “I hear screaming coming from Apartment B at 123 Main Street. I think Fred is beating his wife again.” This falls under the present sense impression because the declarant was explaining an event while the declarant was perceiving it. Rule 803(1) of the Fed. R. Evid. Says, “[a] statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.” This was the case when the declarant called 911 while the event was taking place and therefore would be

Related

  • Evidence Law and Audit Program
    905 words | 4 pages

    Shoes Casebook Define the process you will use and address the following assessed classroom discussion questions: What procedures will be used to collect accounting evidence? What sampling tools and techniques will be used for the examination? How will you use analytical and inferential tools to evaluate accounting evidence? Submit your assignment to the facilitator. Note. APA formatting is not required for this assignment. Use a title and reference page where appropriate. Consider….

    Show More
  • Exclusionary Rule Evaluation
    1106 words | 5 pages

    probable cause. The exclusionary rule exempts some evidence even when the seizure or location of the evidence may violate the Fourth Amendment. The rule also provides some benefits and….

    Show More
  • Exclusionary Rule Evaluation
    879 words | 4 pages

    loophole in the criminal justice system on law enforcement obtaining evidence illegally and it being admissible. If the search warrant is not valid the author feels the evidence shall not be admissible. Qualified immunity gives law enforcement immunity against lawsuits in the event the Miranda or constitutional rights were violated. This rule really allows those law enforcement officials to suffer no consequence for their violation of rights. To take a job in law enforcement means to protect and serve….

    Show More
  • Criminal Justice and Security Goals and Challenges
    1446 words | 6 pages

    state, and local law enforcement agencies differ in what they can each handle. As a whole, they have the objective to protect and serve the public, but separately, each branch, federal, state, and local handles their own sections of the government services. For example, the federal law enforcement agencies have goals and objectives that involves the protecting of our border, making sure that we are enforcing customs regulations, as well as upholding immigration laws. The state law enforcement goals….

    Show More
  • Fourth Amendment Search and Seizure
    1011 words | 5 pages

    The United States Constitution affords all people certain rights. The Fifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant….

    Show More
  • Jury Trial Analysis
    943 words | 4 pages

    constitutional guidelines. Furthermore, it gives lawyers the ability to evaluate the people in the jury and determine how they would feel about the case. The trial process branches out into six steps: jury selection, opening statements, presentation of evidence, closing arguments, charging of the jury and deliberation of jury. Throughout the process of jury selection, potential jury is based on a process names an voir dire; otherwise known as committing to telling the truth. During voir dire, potential….

    Show More
  • Spousal Compellability? Support for Marriage or Complete Myth
    2209 words | 9 pages

    this assessment is all my own work and the source of any information and/or material I have used (including the internet) has been fully identified and properly acknowledged as set out in the School of Law guidelines. Evaluate R v Pearce [2002] 1 Cr App R 39 and the wider law on spousal compellability. All witnesses who are competent are also compellable1, unless one considers the compellability of spouses. Whilst married partners are compellable to testify on behalf of….

    Show More
  • Effectiveness of the Australian's Criminal Trial Process in Achieving Justice
    1345 words | 6 pages

    that the law is applied equally, understood by all people and does not have a particularly harsh effect on an individual. In Australia, the adversary system is used as a means to achieve justice by proving the accused, beyond reasonable doubt, committed the crime. The criminal trial process has many features which aim to fulfill the requirements of achieving justice. These elements, though considers equality, fairness and access, are flawed in practice. Flaws such as the handling of evidence, jurors….

    Show More
  • A Paper on Shelby County V. Holder
    3659 words | 15 pages

    The redemption of the southern United States continued to thrive until the next century. The Civil Rights Movement in the nation in the 1950s and 1960s finally confronted the disenfranchisement of African Americans. One federal law produced during this time that forced the entanglement of racism and discrimination was the Civil Rights Act of 1964, particularly in southern states where African American disenfranchisement from economic, political and social institutions was a way….

    Show More
  • law: leaving behind the inquisitorial system
    2425 words | 10 pages

    during a major case (criminal law), the prosecution is overseen by an independent prosecutor. This prosecutor has the ability to call upon evidence he deems as being fit, interviewing witnesses, and is able to take the case to trial, if he deems appropriately based off the evidence (NZ Law Commission 54-55). Secondly, discretion is more limited. The offender is not allowed to plead guilty despite the amount of evidence against him; all trials are taken to court (NZ Law Commission 54-55). Thirdly, the….

    Show More

Popular Essays