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Hearsay - Coggle Diagram
Hearsay
Confrontation Clause
Primary Purpose Test
No on going emergency and interrogation is to establish or prove
Testimonial - Violates CC
assistance of an on going emergency
Nontestimonial
Crawford Exceptions
Dying Dec.
Forfeiture of Wrongdoing
Declarant is unavailable
Defendant did not have opportunity to confront his accuser
Not Hearsay
Not hearsay bc it proves what was said
State of mind
Verbal act and tortious or transactional works
Exclusions
Opposing Party's Statement
Adoptive Admissions
Agent/Employee
You said it
Statements by co-conspirators
Prior Statements of a TRIAL Witness (testifying)
Prior Inconsistent Statement
Prior consistent statement
Prior Statement of ID
Exceptions
Availability is irrelevant
Present Sense Impression
Concurrent with perception
Ancient Documents
20 yrs or older
Learned Treatises
Authoritative works
Established as reliable
Read NOT received
Judgment
Prior Felony conviction
Medical Diagnosis or Treatment
Then Existing Condition
then-existing state of mind, emotion, sensation, or mental condition.
Spontaneous declaration of PHYSICAL symptoms
Excited Utterance
Relating to startling event/condition
Under stress of excitement of event
Recorded Recollection
Refreshes memory of knowledge that witness had
Read into record and received if offered by adverse party
Business Record
someone with knowledge
record from reg. bus. activity
Reg. practice
can be authenticated
Public Record
Public agencies
Unavailability is Required
Forfeiture by Wrongdoing /Statement Offered Against Party Procuring Declarant’s Unavailability
Former Testimony
Under oath and motive to develop testimony
Dying Declaration
Imminent belief of death
Homicide or Civil
Statement Against Interest
Proprietary
Penal
Pecuniary
Family History/Personal statement
Unavailability Includes:
No memory
Death/Illness
Refusal
Absence
Privilege