Hearsay exceptions criminal law notebook

  • What are the exceptions to hearsay?

    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..

  • What are the five exceptions to the hearsay rule?

    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..

  • The elements to make out the defence of necessity requires proof that: the accused must be in imminent peril or danger; the accused must have had no reasonable legal alternative to the course of action he or she undertook; and. the harm inflicted by the accused must be proportional to the harm avoided by the accused.
Admission made by the accused as well as statements adopted by the accused in an intercepted communication is admissible as a hearsay exception. It is necessary that the trier of fact make a finding that the statement was actually made by the accused and not anyone else before it may be used.
Admission made by the accused as well as statements adopted by the accused in an intercepted communication is admissible as a hearsay exception. It is necessary that the trier of fact make a finding that the statement was actually made by the accused and not anyone else before it may be used.

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