Академический Документы
Профессиональный Документы
Культура Документы
at issue contain an
out of court
statement?
No
No hearsay
Problem
No
Non-hearsay
Yes
No
Is the proponent of
the evidence using
the statement for
some
circumstantially
relevant common
law non-hearsay
purpose?
Monday, October 6, 14
No
Yes
Yes
Does the
proponent of the
evidence rely on
the truth of what
was intended to be
asserted by the
declarant to
establish the
statements
relevancy?
Inadmissible
Yes
Yes
No
No
Is the statement
testimonial under
Crawford?
Yes
Is the declarant
unavailable and did the
defendant have a prior
opportunity to cross
examine the declarant?
No
Yes
Yes
Yes
No
Hearsay
No
Inadmissible,
under
Confrontation
Clause
Admissible