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Terms in this set (31)

1.] Admissions and confessions - are generally held to be reliable if they are obtained voluntarily and, where appropriate, are preceded by an advice of Constitutional Rights (see for Exclusionary Rule)
2.] Dying declarations - person must believe that he/she is dying and must eventually die or be otherwise be permanently unable to testify - Statement must regard the circumstance of his/her death - persons in long term comas or otherwise permanently unresponsive, although not technically dead, have eventually been judged unable to testify and dying declarations have been allowed in as evidence.
3.] Spontaneous statements - must be made without time to reflect on the statement, for example after a stressful event - assumed reliable if the person did not have time or presence of mind to make up a lie. Also can be used longer after occurrence if can be corroborated by earlier statements.
4.] Past recollection recorded - (one of two ways for a police report - which is hearsay - to get into court) - used if the officer who wrote the report does not remember the incident, but can attest to the signature (and writing) as his/her own
5.] Present memory refreshed - (the other way in which a police report can get into court) -officer basically remembers the incident - cannot remember all of the details so needs to refer to report - generally won't be needed if you prepare properly for trial - may be used if called in on short notice - also useful in cases where there is a lot of detailed evidence, such as a long list of items, with descriptions and serial numbers, taken in a burglary - can use report to provide this information under present memory refreshed exception
6.] Prior testimony - testimony which was given under oath and was cross-examined in an earlier court proceeding (trial, deposition, grand jury, etc.) may be allowed in if the person is unable to reappear
7.] Anonymous sources - evidence from informants whose identities must be protected, and therefore cannot testify to their evidence in court, may be admissible. Reliability of the source is shown by a combination of the following: 1) the informant has given reliable information in the past, 2) the informant is testifying against his or her own interests, 3) the information provided by the informant is so detailed that it compels belief that the informant was witness to the incident or action and 4) the officer has independently corroborated important facts given by the informant. The more of these issues addressed, the better the chance that the evidence will be admissible.
8.]Public records - are generally admissible as long as there is no reason to suspect falsification - generally assumed that such records are kept accurately because there is no motive for not doing so - minutes of a meeting, license applications, tax records, etc.
9.] Business records - similar to public records - assumed that a business would keep accurate records - usable only in absence of person who made them - not admissible if the companies keeping of records is the issue - example: financial records, sales receipts, bills of lading, contracts, etc.