Alana CJ 2350 - Hearsay Position Paper
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Utah Valley University *
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2350
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History
Date
Jun 18, 2024
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docx
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Uploaded by KidGuanaco4241
Alana Elín Steinarsdóttir
CJ 2350 - Laws of Evidence
Utah Valley University
Professor Bryson K. Lystrup
November 19th 2023
Hearsay Position Paper
According to Rule 802 and 804(b)(1), Tiffany's statement made under oath at a preliminary hearing will be allowed as evidence in Doug's trial,
even though she is not present, because it is considered hearsay. The statement indicates that Doug had money problems and asked Tiffany for a gun and car before the robbery occurred. Additionally, the investigation revealed that Doug sent Tiffany a large sum of money and a note saying, "Enjoy the Bahamas without me." Tiffany's statement will
be admissible at Doug's trial, according to Rule 802 and 804(b)(1).
Despite the provision in Rule 804(b)(1) that allows for cross-
examination by the opposing party, it is not possible to offer this opportunity in Tiffany's case as she is currently on vacation out of town. It poses a challenge to cross-examine Tiffany when she is not physically present, especially considering she was not even subpoenaed.
Tiffany won't have to undergo cross-examination or be subpoenaed as she was cooperative and had already given testimony under oath. The Prosecution investigated and found that Doug's actions were consistent with Tiffany's testimony during the preliminary hearing.
Tiffany's statement can be considered valid in court as it falls under the exception of hearsay evidence during preliminary hearings, which is a pre-trial appearance. Additionally, her statement is admissible under the hearsay exception declarant unavailable Rule 804(b)(1) as she gave her testimony as a witness at a trial, hearing, or lawful deposition, whether it
was presented during the current proceeding or a different one.
In order to use this exception, the testimony was under oath. Doug's legal team had the option to cross-examine her, but instead, he decided to send her to the Bahamas with a substantial sum of money and a handwritten note. With her testimony providing complete honesty about Doug's actions, there is no need for additional investigation as it clearly demonstrates that Doug successfully robbed the bank and obtained the money.
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References
Jessica Smith, “Criminal Evidence: Hearsay,” North Carolina Superior Court Judges’ Bench book
. October 2013, https://ncpro.sog.unc.edu/manual/707-1
Montana Code Annotated 2021. Title 26. Evidence Chapter 10. Montana Rules of Evidence. Article VIII, Hearsay, Hearsay Exceptions: Declarant Unavailable
. https://leg.mt.gov/bills/mca/title_0260/chapter_0100/part_0080/section_0040/0260-0100-0080-
0040.html
Legal Information Institute. Rule 804
Hearsay Exceptions; Declarant Unavailable
. Amendment by Public Law. https://www.law.cornell.edu/rules/fre/rule_804
Legal Information Institute. Rule 802:
The Rule Against Hearsay
. Amendment by Public Law. https://www.law.cornell.edu/rules/fre/rule_802