Hearsay Analysis

Trial Prep: Notebook memorandum

As a prosecutor or defense attorney, you will have testimony arise that could fall in the category of hearsay. To be prepared in advance, define hearsay and why it is important to testimony of certain witnesses. Then, break down the difference in 3 of the exceptions.

HEARSAY

Hearsay is defined in CRE 801 as "a statement, other than one made by the witness while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." CRE 802 bars the use of hearsay testimony, subject to certain exceptions discussed below. An easy example of hearsay evidence is that a witness may not testify that the witness heard a bank teller say that the defendant robbed the bank. If the prosecution

Excited utterances are those statements made about some startling event while the declarant is still under the stress of the startling event. The rationale underlying this exception to the hearsay rule is that a person who is under the stress of some startling event is not likely to lie about it, and that the statement is therefore adequately trustworthy.

A spontaneous present sense impression is an exception to the hearsay rule. A spontaneous present sense impression is defined as a statement describing or explaining an event made while the declarant is actually perceiving the event. The belief underlying this exception to the hearsay rules is that a declarant who is speaking spontaneously and contemporaneously about an event would not have the time to engage in the calculation necessary to lie.

A statement of the declarant's then-existing mental or physical condition is also an exception to the hearsay rule. The rationale here is that the contemporaneous nature of the statement ("My leg hurts" is admissible; "My leg hurt yesterday" is not) is a guarantee of trustworthiness.

Finally prepare a section for your notebook on the Miranda decision and why it is important and when it can be questioned and how it should be defended. As always, cite your work under APA and provide any relevant case law and Federal rules that apply to this section of your

Detectives questioning her story gave her a polygraph test, but the results were inconclusive. However, tracking the license plate number of a car that resembled that of her attacker’s brought police to Ernesto Miranda, who had a prior record as a peeping tom. Although the victim did not identify Miranda in a line-up, he was brought into police custody and interrogated. What happened next is disputed, but officers left the interrogation with a confession that Miranda later recanted, unaware that he didn’t have to say anything at