25) The first axis, whether the statement was formally made, hinges largely on the reason the hearsay rule
One exclusion from the hearsay rule
provides that a statement made
DO ANY OF THE EXCEPTIONS TO THE HEARSAY RULE
This article will explore the unique nature of the hearsay rule
and its exceptions that have created chaos among the various federal and state jurisdictions.
73) Because the Confrontation Clause applies only to "witnesses" who "bear testimony" against the accused, casual statements, like an "off-hand, overheard remark," might be "unreliable evidence and thus a good candidate for exclusion under hearsay rules
," but not in the category of statements limited by the Confrontation Clause.
And if that is not enough, the treatment of admissions and confessions at the threshold of the Constitution was actually as hearsay, but as excepted from the hearsay rule
, just as were dying declarations.
Thankfully, there are a number of well-settled exceptions to the hearsay rule
that will generally allow documents generated in public health investigations to be admitted.
27) Statements made to police, even when sworn to by the witness, do not qualify for this exemption from the hearsay rule
Confrontation Clause has been inevitably comingled with the hearsay rules
, (4) and determining when an out-of-court statement violates the
At least one court has held that authentication can be accomplished by someone else under the business records exception to the hearsay rule
They are usually allowed into evidence, much like textbooks and scientific articles, as an exception to the hearsay rule
of evidence (learned treatise exception).
There are many exceptions to the hearsay rule
, ft is not hearsay to introduce an out-of-court statement to establish the fact that the statement was made.