Question 1

There is a hearsay exception for business, government, and religious records as long as the records are

Accepted Answer

The hearsay exception for business, government, and religious records requires that the records be regularly kept. There is no requirement that the records be over ten years old, handwritten, or not stored on computers.

Question 2

Statements made to a physician for the purpose of diagnosis or treatment

Accepted Answer

Statements made to a physician for the purpose of diagnosis or treatment are generally considered privileged and may be exempt from the hearsay rule. This means that they can be admitted as evidence in court even if the person who made the statement is not available to testify. However, the specific rules regarding when and how these statements can be used may vary by jurisdiction.

Question 3

The Confrontation Clause is found within the ________ Amendment.

Accepted Answer

The Confrontation Clause is found within the Sixth Amendment of the United States Constitution, which guarantees the right of a defendant to confront and cross-examine witnesses in a criminal trial. The other options listed are not related to the Confrontation Clause.

Question 4

Under the "forfeiture by wrongdoing" rule, a defendant who deliberately makes a witness unavailable waives

Accepted Answer

The "forfeiture by wrongdoing" doctrine holds that a defendant who intentionally makes a witness unavailable (for example, through intimidation, harm, or otherwise causing the witness not to testify) forfeits the right to object on hearsay grounds to the admission of evidence that would have been provided by that witness. This rule is designed to prevent a defendant from benefiting from their own wrongful conduct.

Question 5

Under Federal rules, testimony about statements made by a person to show that the person was mentally ill

Accepted Answer

The answer of Under Federal rules, testimony about statements made...

Question 6

The Confrontation Clause does not apply to ___________out-of-court statements.

Accepted Answer

The Confrontation Clause only applies to testimonial out-of-court statements, not non-testimonial. Non-testimonial statements are those made in a casual conversation, during police interrogation regarding an ongoing emergency, or to enable police to resolve an issue.

Question 7

For "testimonial" statements, Washington v.Crawford

Accepted Answer

Washington v. Crawford created divergence between hearsay exception and the Confrontation Clause by holding that testimonial statements are excluded from hearsay exceptions if the declarant is not available for cross-examination. This narrows the scope of admissible hearsay and requires witnesses to testify in court, aligning the hearsay rule with the Confrontation Clause.

Question 8

Exceptions to the hearsay rule mandate that the hearsay offered have some

Accepted Answer

Exceptions to the hearsay rule generally require that the hearsay statement has some indicia of reliability, such as being made under oath or spoken spontaneously and contemporaneously with the event being described. The other options listed are not necessarily requirements for exceptions.

Question 9

Prior to Crawford v.Washington, if a form of statement was traditionally recognized as an exception to the hearsay rule it was also recognized as an exception to the

Accepted Answer

Prior to Crawford v. Washington, hearsay exceptions were also automatically considered exceptions to the Confrontation Clause, meaning that the defendant's right to confront and cross-examine witnesses against them was not violated by the admission of such statements. Crawford changed this precedent and held that some hearsay exceptions may still violate the Confrontation Clause if they lack indicia of reliability or were testimonial in nature.

Question 10

If the declarant makes a statement that could subject them to criminal charges, the statement would probably be admissible under the exception for statements

Accepted Answer

The exception for statements against penal interest allows for the admission of a statement made by a declarant that is against their own penal interest. This means that if the declarant admits to a crime or provides information that could lead to their criminal prosecution, the statement would be admissible in court under this exception.

Question 11

The statement by a shooting victim just before they died would probably be admissible under the hearsay exception for

Accepted Answer

Dying declarations are an exception to the hearsay rule, allowing statements made by a person who believes they are dying and aware that they cannot recover, to be admissible as evidence in court. Therefore, the statement made by a shooting victim just before they died would be admissible under this exception.

Question 12

With regard to testimonial hearsay, the U.S.Supreme Court overruled Ohio v.Roberts in

Accepted Answer

Crawford v. Washington (2004) overruled Ohio v. Roberts by holding that the Confrontation Clause of the Sixth Amendment requires that testimonial hearsay evidence be excluded unless the witness is unavailable and the defendant had a prior opportunity to cross-examine the witness.

Question 13

One relatively recent set of exceptions to the hearsay rule have been created for

Accepted Answer

Child victims of abuse are often given exceptions to the hearsay rule to allow their statements to be admitted in court, recognizing the difficulty and sensitivity involved in having them testify directly.

Question 14

Which of the following is a firmly rooted hearsay exception in the law of evidence?

Accepted Answer

The excited utterance exception allows for hearsay statements made under the stress or excitement of a startling event to be admissible in court as evidence.

Question 15

The rule against hearsay and the _____________ Clause of the Sixth Amendment deal with similar testimonial issues.

Accepted Answer

The Confrontation Clause of the Sixth Amendment guarantees that a criminal defendant has the right to confront the witnesses against them. This includes the right to cross-examine witnesses who testify against them in a trial. The rule against hearsay is a legal rule that prohibits the admission of out-of-court statements made by someone other than the witness who is testifying, because there is no opportunity to cross-examine the person who made the statement. The Confrontation Clause and the rule against hearsay deal with similar testimonial issues because they both relate to the ability of a defendant to confront and challenge the evidence presented against them in a criminal trial.

Question 16

Regularly kept business records, public records, records of religious organizations, and family records are admissible under certain federal rules, known as the

Accepted Answer

The regularly kept business records exception is a federal rule that allows for the admission of certain records that are regularly kept in the course of business, or public records that are maintained by a government agency or custodian of public records. It also covers records from religious organizations and family records that have been kept in the regular course of business. These records must meet certain criteria, such as being timely and accurate, in order to be admissible in court.

Question 17

Crawford v.Washington is a decision which protects

Accepted Answer

Crawford v. Washington is a decision that protects defendants by setting forth the confrontation clause of the Sixth Amendment, which guarantees defendants the right to confront their accusers in court. This decision helps ensure a fair trial for defendants.

Question 18

In most states and under the Federal Rules of Evidence, for most exceptions to the hearsay rule,

Accepted Answer

Most exceptions to the hearsay rule do not require the declarant to be unavailable. These exceptions are based on the premise that the circumstances under which the statement was made provide sufficient guarantees of reliability and trustworthiness.

Question 19

An ______________ is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.

Accepted Answer

An excited utterance is made during the stress of excitement caused by an event or condition, and is admissible as an exception to the hearsay rule in court. Statements to physicians and dying declarations have their own separate exceptions, while confessions are not necessarily made under the stress of excitement.

Question 20

The hearsay exceptions, reliable or not, can no longer be used as a _________for cross-examination under the Confrontation Clause for "testimonial" statements.

Accepted Answer

The correct answer is A) substitute. The Confrontation Clause requires that, for "testimonial" statements, the defendant has the right to confront the witness directly, meaning hearsay exceptions cannot be used as a substitute for cross-examination.

Quiz 8: The Confrontation Clause and Exceptions to the Hearsay Rule