Question 1

Prior inconsistent statements are admissible to impeach and prior consistent statements can be used to rehabilitate a witness who has been impeached.Discuss the benefit of using these statements at trial versus the confusion they may cause the jurors.

Accepted Answer

Evidence introduced for impeachment and rehabilitation cannot be considered as evidence that the crime was committed or that the defendant is guilty.The jury is instructed that the statements should be used for the sole purpose of evaluating the credibility of the witness.This is particularly confusing when prior inconsistent statements introduced during cross-examination are followed by prior consistent statements during re-direct examination.Even more complexity is introduced, as far as jurors are concerned, when another witness is called to establish the prior statements.The jury may lose sight of relevant evidence that can be used to convict.
An attorney should carefully evaluate potential impact prior to introducing either prior inconsistent or prior consistent statements.The risk of confusion may outweigh the impact of impeachment or rehabilitation if only minor discrepancies are involved.On the other hand, if the statements relate to a crucial fact, it may be worth the risk of confusing the jury.

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

Explain how the Admissions Exception to the Hearsay Rule applies to statements by the Defendant.Explain how the Admission Exception to the Hearsay Rule applies to statements made by the defendant that are not covered by Miranda.

Accepted Answer

The Admissions Exception to the Hearsay ...

Question 4

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) True 
 B)False

Question 5

Which exception to the Hearsay Rule is the prosecution most likely to use when asking the detective to restate the defendant's confession if the defendant will testify at her own trial

Accepted Answer

A)  Admissions
B)  Declaration against Interest
C)  Contemporaneous Declaration
D)  The prosecutor could use any of these that he chooses

Question 6

Will Kim be allowed to testify that Mike, a mutual friend, told her that Jerry told him that he planned to sell the painting for $1 million

Accepted Answer

A)  Yes, Kim's statement falls under co-conspirator statements.
B)  Yes, Jerry's statement is an admission.
C)  No, what Jerry told Mike is double hearsay.
D)  No, Kim lacks credibility because she is a co-conspirator.

Question 7

"Statement" as used in the Hearsay Rule means:

Accepted Answer

A)  oral statements.
B)  written assertions.
C)  nonverbal conduct.
D)  All of these are considered "statements"

Question 8

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

A) True 
 B)False

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

An adoptive (tacit)  admission is:

Accepted Answer

A)  A gesture or non-verbal communication
B)  Failure to deny allegation
C)  Actively endorsing another person's statement as one's own opinion
D)  Written statement admitting guilt B

Question 12

The declarant is the person who originally made the statement.

Accepted Answer

A) True 
 B)False

Question 13

To qualify for the Dying Declaration Exception to the Hearsay Rule, the dying person's statement:

Accepted Answer

A)  must be spontaneous
B)  must relate to current mental state
C)  must relate to cause of impending death
D)  all of these must be present for the Dying Declaration Exception to the Hearsay Rule

Question 14

How does a spontaneous statement differ from a contemporaneous declaration

Accepted Answer

A)  Contemporaneous declarations can be made in response to questions but spontaneous statements can not
B)  Spontaneous statements must be made orally but contemporaneous declarations can be either oral or written
C)  Contemporaneous declarations can be made with law enforcement officers present but spontaneous statements can not
D)  Spontaneous statements are admissible at trial but contemporaneous declarations are not

Question 15

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

A) True 
 B)False  False

Question 16

Can Mary's identification of Ned as the person who shot her be admitted at his trial for felony murder as a dying declaration

Accepted Answer

A)  Yes, if the autopsy shows that Mary died from being shot by Ned.
B)  Yes, if Mary believed that death was imminent.
C)  No, Mary's statement was hearsay.
D)  No, only the medical examiner can determine cause of death.

Question 17

Will Kim be allowed to testify that, the day after she agreed to help steal the painting, Jerry told her how to disable the security cameras at the museum

Accepted Answer

A)  Yes, it is a statement by a co-conspirator.
B)  Yes, it is a spontaneous statement.
C)  No, it is a declaration against interest.
D)  No, unless someone from the security company testifies.

Question 18

Will Lewis be allowed to testify that Jerry became frightened when the police sounded their sirens and said, "This reminds me of years ago when I got caught trying to rob a bank."

Accepted Answer

A)  Yes, it is an excited utterance.
B)  Yes, it is a statement of mental state.
C)  No, it does not relate to the events occurring at the time he made the statement.
D)   No, Lewis has a reputation for untruthfulness.

Question 19

When would a statement made to a police officer qualify under the Spontaneous Statement Exception to the Hearsay Rule

Accepted Answer

A)  when suspect is detained in the field and only asked a few questions
B)  when victim makes statement before officers asks him/her questions
C)  after suspect who is in custody waives Miranda rights
D)  all of these qualify for the Spontaneous Statement Exception to the Hearsay Rule

Question 20

Can Mary's statement be used at Ned's trial for the prior bank robberies

Accepted Answer

A)  Yes, the statement was made when Mary believed that death was imminent.
B)  Yes, if Ned told her that he committed the robberies.
C)  No, there is no corroboration for the statement.
D)  No, the statement does not relate to the cause of Mary's death.

Exam 9: Hearsay and Its Exceptions

Prior inconsistent statements are admissible to impeach and prior consistent statements can be used to rehabilitate a witness who has been impeached.Discuss the benefit of using these statements at trial versus the confusion they may cause the jurors.

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

Correct Answer
verified

Explain how the Admissions Exception to the Hearsay Rule applies to statements by the Defendant.Explain how the Admission Exception to the Hearsay Rule applies to statements made by the defendant that are not covered by Miranda.

Correct Answer
verified
The Admissions Exception to the Hearsay ...
View Answer

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.

Correct Answer
verified

Which exception to the Hearsay Rule is the prosecution most likely to use when asking the detective to restate the defendant's confession if the defendant will testify at her own trial

Correct Answer
verified

Will Kim be allowed to testify that Mike, a mutual friend, told her that Jerry told him that he planned to sell the painting for $1 million

Correct Answer
verified

"Statement" as used in the Hearsay Rule means:

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

An adoptive (tacit) admission is:

Correct Answer
verified
B

The declarant is the person who originally made the statement.

Correct Answer
verified

To qualify for the Dying Declaration Exception to the Hearsay Rule, the dying person's statement:

Correct Answer
verified

How does a spontaneous statement differ from a contemporaneous declaration

Correct Answer
verified

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.

Correct Answer
verified
False

Can Mary's identification of Ned as the person who shot her be admitted at his trial for felony murder as a dying declaration

Correct Answer
verified

Will Kim be allowed to testify that, the day after she agreed to help steal the painting, Jerry told her how to disable the security cameras at the museum

Correct Answer
verified

Will Lewis be allowed to testify that Jerry became frightened when the police sounded their sirens and said, "This reminds me of years ago when I got caught trying to rob a bank."

Correct Answer
verified

When would a statement made to a police officer qualify under the Spontaneous Statement Exception to the Hearsay Rule

Correct Answer
verified

Can Mary's statement be used at Ned's trial for the prior bank robberies

Correct Answer
verified

Exam 9: Hearsay and Its Exceptions

Prior inconsistent statements are admissible to impeach and prior consistent statements can be used to rehabilitate a witness who has been impeached.Discuss the benefit of using these statements at trial versus the confusion they may cause the jurors.

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

Correct AnswerverifiedShow Answer

Explain how the Admissions Exception to the Hearsay Rule applies to statements by the Defendant.Explain how the Admission Exception to the Hearsay Rule applies to statements made by the defendant that are not covered by Miranda.

Correct AnswerverifiedThe Admissions Exception to the Hearsay ...View AnswerShow Answer

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.

Correct AnswerverifiedShow Answer

Which exception to the Hearsay Rule is the prosecution most likely to use when asking the detective to restate the defendant's confession if the defendant will testify at her own trial

Correct AnswerverifiedShow Answer

Will Kim be allowed to testify that Mike, a mutual friend, told her that Jerry told him that he planned to sell the painting for $1 million

Correct AnswerverifiedShow Answer

"Statement" as used in the Hearsay Rule means:

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

An adoptive (tacit) admission is:

Correct AnswerverifiedB

The declarant is the person who originally made the statement.

Correct AnswerverifiedShow Answer

To qualify for the Dying Declaration Exception to the Hearsay Rule, the dying person's statement:

Correct AnswerverifiedShow Answer

How does a spontaneous statement differ from a contemporaneous declaration

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedFalse

Can Mary's identification of Ned as the person who shot her be admitted at his trial for felony murder as a dying declaration

Correct AnswerverifiedShow Answer

Will Kim be allowed to testify that, the day after she agreed to help steal the painting, Jerry told her how to disable the security cameras at the museum

Correct AnswerverifiedShow Answer

Will Lewis be allowed to testify that Jerry became frightened when the police sounded their sirens and said, "This reminds me of years ago when I got caught trying to rob a bank."

Correct AnswerverifiedShow Answer

When would a statement made to a police officer qualify under the Spontaneous Statement Exception to the Hearsay Rule

Correct AnswerverifiedShow Answer

Can Mary's statement be used at Ned's trial for the prior bank robberies

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified
The Admissions Exception to the Hearsay ...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
B

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
False

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified