HEARSAY

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HEARSAY

• Steven Goode
• University of Texas School of Law

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W says D shot V
W believes D shot V
Sincerity Ability to communicate
W believes D shot V
D shot V
Perception Memory
3
Perceive Remember
Communication Sincerity
Defendant shot Victim
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W believes Defendant shot V
Commun. Sincerity
Perception Memory
W
W says Defendant shot V
Defendant shot V
5
W believes DC said Defendant shot V
Commun. Sincerity
Perception Memory
W
W says DC said Defendant shot V
DC said Defendant shot V
6
W believes DC said Defendant shot V
DC believed Defendant shot V
Commun. Sincerity
Perception Memory
Commun. Sincerity
Perception Memory
W
DC
W says DC said Defendant shot V
DC said Defendant shot V
DC said Defendant shot V
Defendant shot V
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THREE-STEP ANALYSIS

• Is there an out-of-court statement?
• Oral
• Written
• What is the statement being offered to prove?
• Does the probative value of the statement depend
  on the Declarants credibility?
• Do we care about whether the Declarant was lying
  or mistaken?

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DID DEFENDANT POSSESS FIREARMS?
W believes Informer said, Ds got 6 guns in his
apartment
Commun. Sincerity
Perception Memory
W
W says Informer said, Ds got 6 guns in his
apartment
Informer said, Ds got 6 guns in his apartment
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DID DEFENDANT POSSESS FIREARMS?
W believes Informer said, Ds got 6 guns in his
apartment
Informer believed D had 6 guns in his apartment
Perception Memory
Commun. Sincerity
PerceptionMemory
Commun. Sincerity
DC
W
W
W says Informer said, Ds got 6 guns in his
apartment
Informer said, Ds got 6 guns in his apartment
Informer said, Ds got 6 guns in his apartment
D had 6 guns in his apartment
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DID THE POLICE HAVE REASONABLE CAUSE TO SEARCH
DEFENDANTS APARTMENT?
W believes Informer said, Ds got 6 guns in his
apartment
Perception Memory
Commun. Sincerity
W

Informer said, Ds got 6 guns in his apartment

W says Informer said, Ds got 6 guns in his
apartment
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DID THE POLICE HAVE REASONABLE CAUSE TO SEARCH
DEFENDANTS APARTMENT?
W believes Informer said, Ds got 6 guns in his
apartment
Informer believed D had 6 guns in his apartment
Perception Memory
Commun. Sincerity
PerceptionMemory
Commun. Sincerity
DC
W
W
W says Informer said, Ds got 6 guns in his
apartment
Informer said, Ds got 6 machine guns in his
apartment
Informer said, Ds got 6 guns in his apartment
D had 6 guns in his apartment
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WAS IT A GIFT OR A LOAN?
W believes D told P, Heres 20 its a gift.
Commun. Sincerity
Perception Memory
W
W
D told P, Heres 20 its a gift.
W says D told P Heres 20 its a gift.
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WAS IT A GIFT OR A LOAN?
W believes D told P, Heres 20 its a gift.
D believed he was making a gift
Perception Memory
Commun. Sincerity
PerceptionMemory
Commun. Sincerity
DC
W
W
W says D told P Heres 20 its a gift.
D told P, Heres 20 its a gift.
D told P, Heres 20 its a gift.
D made a gift
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DID HUSBAND SURVIVE WIFE?
W believes
H said Im still alive
Commun. Sincerity
Perception Memory
W
W says

H said Im still alive
H said Im still alive
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DID HUSBAND SURVIVE WIFE?
W believes H said Im still alive
H believed he was still alive
Commun. Sincerity
Perception Memory
Commun. Sincerity
Perception Memory
W
DC
W says H said Im still alive
H said Im still alive
H said Im still alive
H was still alive
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IMPORTANT HEARSAY EXCEPTIONS

• Admission by party opponent
• Statement against interest
• Business records
• Public records
• Excited utterance
• Present sense impression

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ADMISSION BY PARTY OPPONENT

• Any statement made by opponent
• Doesnt have to be admission
• If opponent is a business
• Statement made by an employee
• Concerning a matter within scope of employees
  duties

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STATEMENT AGAINST INTEREST

• Can be made by anyone
• Must be against the speakers interest at the
  time the statement was made
• Only disserving statements

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BUSINESS RECORDS

• Records made in the regular course of business
• Regularly kept by the business
• Not every piece of paper kept by business
• Double hearsay

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PUBLIC RECORDS

• Records, reports of public offices or agencies

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EXCITED UTTERANCES AND PRESENT SENSE IMPRESSION

• Excited Utterance
• Statement about a startling event made while
  person is under the stress of the event
• Present Sense Impression
• Statement describing an event made while a person
  is perceiving an event or immediately after
  person perceived the event