Criminal law hearsay exceptions

  • The Hearsay Exemptions: Prior Statements by a Declarant-Witness or an Opposing Party.
    The two hearsay “exemptions” are easy enough to remember.
    They both relate to prior statements: either (1) prior statements of a declarant-witness testifying on the stand or (2) prior statements of an opposing party.
  • These five hearsay exceptions are (1) former testimony; (2) dying declarations; (3) statements against interest; (4) a declarant's statements regarding that individual's own family history; and (5) a declarant's statements against a party who caused the declarant's unavailability.
Aug 27, 2021Exceptions to the hearsay rule; Statutory provisions - Cases where a witness is unavailable; Business documents; Statements admitted under  Exceptions to the hearsay ruleBusiness documentsStatements admitted under
Aug 27, 2021However, the Criminal Justice Act 2003 (CJA 2003) simplifies and relaxes certain aspects of the rule and the exceptions to it. 2. The new  Exceptions to the hearsay ruleBusiness documentsStatements admitted under
Exceptions to the Hearsay Rule
  • Excited utterances.
  • Dying declarations.
  • Opposing party statements.
  • Pretrial identifications.
  • Assertions of state of mind.
  • Prior inconsistent statements.
  • Business and government records.

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