Question 1

Some states allow police officers to testify to hearsay at the preliminary hearing even though the same testimony would be inadmissible hearsay at trial. Discuss the pros and cons of having an officer testify instead of the crime victim in light of the Former Testimony Exception to the Hearsay Rule.

Accepted Answer

The answer of Some states allow police officers to testify...

Question 2

Oscar is on trial for beating Lola, his wife. Pat, a neighbor who saw Oscar hitting Lola, called the police. The violence escalated while Pat was talking to the 911 operator and Pat screamed, "He's going to kill her!" Lola was taken to the hospital. The officer confronted Oscar and asked him why he did it. Oscar did not answer. Five minutes later the officer arrested Oscar. The next day a police officer interviewed Lola and she made the following statement, "Oscar hit me because he was drunk. He does that all the time, but this time it was worse." Can Oscar's silence when the officer confronted him be used against him?

Accepted Answer

Failure to respond when confronted by an authority figure does not qualify as a tacit admission, especially since Oscar was not under any obligation to speak at that moment.

Question 3

Mary worked at a bank. Ned approached her teller's cage and gave her a demand note that said, "Go to the vault. Fill this sack with $20 bills. I've got a gun aimed at your head, so don't try anything heroic." Mary screamed. Ned shot her and ran out the door. Just before she died, Mary told an officer that Ned was her ex-husband and he had been robbing banks for years. Can Mary's identification of Ned as the person who shot her be admitted at his trial for felony murder as a dying declaration?

Accepted Answer

A dying declaration is admissible if the declarant believed death was imminent and the statement pertains to the cause or circumstances of what they believed to be their impending death.

Question 4

Jerry and Kim were charged with grand theft for stealing a famous painting from a museum. The prosecution claims that Jerry planned the heist but the theft was carried out by Kim and Lewis. Lewis was given immunity in exchange for testifying against Jerry. Kim entered a guilty plea. Will Lewis be allowed to testify that Jerry became frightened when the police sounded their sirens and said, "This reminds me of years ago when I got caught trying to rob a bank."

Accepted Answer

Lewis's statement does not relate to the events occurring at the time he made the statement.

Question 5

Jerry and Kim were charged with grand theft for stealing a famous painting from a museum. The prosecution claims that Jerry planned the heist but the theft was carried out by Kim and Lewis. Lewis was given immunity in exchange for testifying against Jerry. Kim entered a guilty plea. Will Kim be allowed to testify that Mike, a mutual friend, told her that Jerry told him that he planned to sell the painting for $1 million?

Accepted Answer

Kim's testimony involves double hearsay, as it includes what Jerry allegedly told Mike, and then what Mike told Kim. Each layer of hearsay must fall under an exception to be admissible, and in this case, it does not.

Question 6

The Dying Declaration Exception to the Hearsay Rule is one of the best known rules of evidence. Explain how a police officer would go about obtaining an admissible Dying Declaration.

Accepted Answer

The answer of The Dying Declaration Exception to the Hearsay...

Question 7

Jerry and Kim were charged with grand theft for stealing a famous painting from a museum. The prosecution claims that Jerry planned the heist but the theft was carried out by Kim and Lewis. Lewis was given immunity in exchange for testifying against Jerry. Kim entered a guilty plea. If Lewis is impeached based on prior inconsistent statements he made to the police on April 1,the day he was arrested, will the prosecution be allowed to introduce a transcript of Lewis's testimony at the preliminary hearing on April 12 to establish a prior consistent statement?

Accepted Answer

The consistent statement must have been made before the inconsistent statement to be admissible for rehabilitation purposes.

Question 8

Oscar is on trial for beating Lola, his wife. Pat, a neighbor who saw Oscar hitting Lola, called the police. The violence escalated while Pat was talking to the 911 operator and Pat screamed, "He's going to kill her!" Lola was taken to the hospital. The officer confronted Oscar and asked him why he did it. Oscar did not answer. Five minutes later the officer arrested Oscar. The next day a police officer interviewed Lola and she made the following statement, "Oscar hit me because he was drunk. He does that all the time, but this time it was worse." Will Lola's statement be admissible if she ignores the subpoena and refuses to come to court to testify ?

Accepted Answer

Lola's statements to the officer are considered testimonial hearsay and are not admissible unless she is available for cross-examination or the statements fall under a hearsay exception.

Question 9

Mary worked at a bank. Ned approached her teller's cage and gave her a demand note that said, "Go to the vault. Fill this sack with $20 bills. I've got a gun aimed at your head, so don't try anything heroic." Mary screamed. Ned shot her and ran out the door. Just before she died, Mary told an officer that Ned was her ex-husband and he had been robbing banks for years. Is the demand note hearsay?

Accepted Answer

The demand note is hearsay because it is an out-of-court statement offered to prove the truth of the matter asserted.

Question 10

Jerry and Kim were charged with grand theft for stealing a famous painting from a museum. The prosecution claims that Jerry planned the heist but the theft was carried out by Kim and Lewis. Lewis was given immunity in exchange for testifying against Jerry. Kim entered a guilty plea. Will Kim be allowed to testify that, the day after she agreed to help steal the painting, Jerry told her how to disable the security cameras at the museum?

Accepted Answer

Kim's testimony about Jerry's statement can be admitted as a statement by a co-conspirator made during and in furtherance of the conspiracy.

Question 11

Prior inconsistent statements are admissible to impeach and prior consistent statements can be used to rehabilitate a witness who has been impeached. Discuss the benefit of using these statements at trial versus the confusion they may cause the jurors.

Accepted Answer

The answer of Prior inconsistent statements are admissible to impeach...

Question 12

Explain how the Admissions Exception to the Hearsay Rule applies to statements by the Defendant. Explain how the Admission Exception to the Hearsay Rule applies to statements made by the defendant that are not covered by Miranda .

Accepted Answer

The answer of Explain how the Admissions Exception to the...

Question 13

Mary worked at a bank. Ned approached her teller's cage and gave her a demand note that said, "Go to the vault. Fill this sack with $20 bills. I've got a gun aimed at your head, so don't try anything heroic." Mary screamed. Ned shot her and ran out the door. Just before she died, Mary told an officer that Ned was her ex-husband and he had been robbing banks for years. Can Mary's statement be used at Ned's trial for the prior bank robberies?

Accepted Answer

Mary's statement does not relate to the cause of her death, which is a requirement for it to be admissible as a dying declaration.

Question 14

Explain why the Hearsay Rule was developed and why the admission of hearsay in a criminal trial may violate the defendant's Sixth Amendment rights.

Accepted Answer

The answer of Explain why the Hearsay Rule was developed...

Question 15

Oscar is on trial for beating Lola, his wife. Pat, a neighbor who saw Oscar hitting Lola, called the police. The violence escalated while Pat was talking to the 911 operator and Pat screamed, "He's going to kill her!" Lola was taken to the hospital. The officer confronted Oscar and asked him why he did it. Oscar did not answer. Five minutes later the officer arrested Oscar. The next day a police officer interviewed Lola and she made the following statement, "Oscar hit me because he was drunk. He does that all the time, but this time it was worse." Will Pat's statement to the 911 operator be admissible?

Accepted Answer

Pat's statement to the 911 operator is admissible as an excited utterance, which is an exception to the hearsay rule. It was made during the stress of the event and relates to the startling event of the assault.

Quiz 9: Hearsay and Its Exceptions

The Dying Declaration Exception to the Hearsay Rule is one of the best known rules of evidence. Explain how a police officer would go about obtaining an admissible Dying Declaration.

Prior inconsistent statements are admissible to impeach and prior consistent statements can be used to rehabilitate a witness who has been impeached. Discuss the benefit of using these statements at trial versus the confusion they may cause the jurors.

Explain how the Admissions Exception to the Hearsay Rule applies to statements by the Defendant. Explain how the Admission Exception to the Hearsay Rule applies to statements made by the defendant that are not covered by Miranda .

Explain why the Hearsay Rule was developed and why the admission of hearsay in a criminal trial may violate the defendant's Sixth Amendment rights.