Question 1

The declarant is the person who originally made the statement.

Accepted Answer

The declarant is indeed the person who originally made the statement.

Question 2

A witness's prior consistent statements cannot be used to bolster his/her testimony.

Accepted Answer

A witness's prior consistent statements may be admitted to rebut a claim of recent fabrication or improper influence or motive, and to provide an inference that the testimony given in court is truthful. Therefore, they can be used to bolster the witness's testimony.

Question 3

A statement made by the defendant falls under the Admissions Exception to the Hearsay Rule in a criminal trial.

Accepted Answer

Admissions made by the defendant are a recognized exception to the hearsay rule in a criminal trial. This means that statements made by the defendant can be admitted as evidence, even if they are hearsay, because they are considered inherently trustworthy due to the fact that they were made by the person on trial. However, it's important to note that not all statements made by the defendant are admissible under this exception; for example, if the statement was made while the defendant was under duress or if it was made after the defendant was informed of their right to remain silent, it may not be admissible.

Question 4

A transcript of testimony at the preliminary hearing is admissible at trial if the witness in question is unavailable to testify.

Accepted Answer

This is known as the "hearsay exception for prior testimony." If the witness is unavailable for trial, their prior testimony given at the preliminary hearing (or another hearing) can be used as evidence. However, there are certain requirements that must be met for the prior testimony to be admissible at trial.

Question 5

All statements made by a homicide victim who believes he/she is about to die are admissible under the Dying Declaration Exception to the Hearsay Rule.

Accepted Answer

Not all statements made by a homicide victim who believes he/she is about to die are admissible under the Dying Declaration Exception to the Hearsay Rule. For a statement to be admissible, it must concern the cause or circumstances of what the declarant believed to be his/her impending death. Additionally, the declarant must have actually died from the injuries, and the statement must be made under the belief of imminent death without hope of recovery.

Question 6

A statement may be introduced as a declaration against interest only if the person who made the statement testifies at trial.

Accepted Answer

A declaration against interest is an exception to the hearsay rule, and it can be introduced even if the person who made the statement is not available to testify at trial, as long as certain conditions are met.

Question 7

Statements are admissible under the Mental and Physical State Exception to the Hearsay Rule only if they describe a condition that existed at the time the statement was made.

Accepted Answer

The Mental and Physical State Exception to the Hearsay Rule allows statements that describe the declarant's then-existing mental or physical condition to be admissible as evidence. Therefore, the statement must describe a condition that existed at the time the statement was made.

Question 8

All statements not made in court are hearsay.

Accepted Answer

Not all statements made outside of court are hearsay. Hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted in the statement. Some out-of-court statements may be admissible as non-hearsay, such as statements made by a party opponent or statements offered for a non-hearsay purpose (e.g. to show state of mind).

Question 9

The prosecution can introduce a statement under the Former Testimony Exception to the Hearsay Rule to impeach but not as part of the prosecution's case in chief.

Accepted Answer

The Former Testimony Exception to the Hearsay Rule allows the prosecution to introduce a statement as part of its case in chief if the witness is unavailable, and the defendant had a prior opportunity to cross-examine the witness about the statement. It is not limited to impeachment purposes.

Question 10

Statements made by crime victims are admissible at trial only if they are considered testimonial.

Accepted Answer

Statements made by crime victims can be admissible at trial even if they are not considered testimonial, depending on the context and the rules of evidence. For example, statements made for the purpose of medical treatment or spontaneous statements made under the stress of excitement may be admissible as exceptions to the hearsay rule.

Question 11

All statements by a co-conspirator are admissible against other co-conspirators at trial.

Accepted Answer

Statements by a co-conspirator are admissible against other co-conspirators at trial only if they are made during and in furtherance of the conspiracy.

Question 12

A statement qualifies as a spontaneous statement only if it was made while the declarant was still under the stress and excitement of the event.

Accepted Answer

A spontaneous statement is a statement made by a person regarding an event that has just occurred, without any prior thought or planning. For the statement to be considered spontaneous, it must be made while the person is still experiencing the emotional and physical effects of the event. The stress and excitement of the event can contribute to the reliability and accuracy of the statement.

Question 13

Hearsay is admissible in court only if the declarant is unavailable to testify.

Accepted Answer

Hearsay can be admissible under various exceptions and exemptions even if the declarant is available to testify, such as statements made under the belief of impending death, statements against interest, and present sense impressions, among others.

Question 14

Testimony about reputation is not admissible at trial because it is double hearsay.

Accepted Answer

Testimony about reputation can be admissible at trial under certain circumstances, such as character evidence, and is not inherently considered double hearsay. Hearsay rules have exceptions, and reputation testimony can fall under those exceptions.

Question 15

Prior inconsistent statements are admissible to impeach the person who made them.

Accepted Answer

Prior inconsistent statements are generally admissible to challenge the credibility of a witness or party who made them. However, there are some rules and limitations regarding the use of such statements in court.

Question 16

Silence when a police officer is accusing a person of committing a crime is not considered an adoptive admission.

Accepted Answer

Adoptive admission refers to the behavior of a person who remains silent in the face of an accusation that would normally elicit a response. However, silence in response to a police officer's accusation is not considered adoptive admission in most jurisdictions.

Question 17

The Ancient Documents Exception to the Hearsay Rule is no longer used in United States courts.

Accepted Answer

The Ancient Documents Exception is still used in United States courts. This exception allows for the admission of documents that are at least 20 years old and whose authenticity can be verified.

Question 18

The hearsay rule applies to oral statements but not written ones.

Accepted Answer

This statement is incorrect. The hearsay rule can apply to both oral and written statements. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and can come in the form of oral, written or even nonverbal conduct.

Question 19

A person's explanation to the police that last year he/she stole money while under extreme duress is admissible under the Mental or Physical State Exception to the Hearsay Rule.

Accepted Answer

The Mental or Physical State Exception to the Hearsay Rule typically applies to statements made about a person's current state of mind, emotion, sensation, or physical condition, not to explain past actions or justify them.

Question 20

Statements the defendant made during the time the crime was being committed can be admitted as contemporaneous declarations.

Accepted Answer

Statements made by the defendant during the commission of a crime may be considered contemporaneous declarations and can be admissible as evidence in court. This is because such statements are made in the heat of the moment and are considered to be more reliable than statements made after the fact, which may be influenced by hindsight, self-preservation, or other factors. However, the admissibility of such statements depends on various factors, including their relevance, reliability, and whether they were made voluntarily.

Quiz 9: Hearsay and Its Exceptions