This statement is likely going to be offered by the opposing side to show that Dad did spill the coffee on Son’s head, causing him harm. Therefore Son’s statement could be offered to prove both that the coffee was hot when it spilled, and that it hurt or caused him pain when it spilled. The statement has to be made while the speaker (the declarant) is under the stress or excitement of the event. Son’s statement was made while the startling event, being hit in the head with hot coffee, was occurring.Īn excited utterance is a spontaneous statement relating to a startling event. Son shouts “OUCH DAD! That coffee is really, really hot!”. Startled by Mom’s warning, Dad jerks a little, causing the coffee to spill out of his mug and onto Son’s head. This could be relevant to show that Dad was unaware of the spill, or at least potentially unaware of it, and that the spill was likely accidental, making it highly relevant to your defense. Therefore Mom’s statement would likely be admissible to prove the coffee was going to spill. She is witnessing the event as it occurs and commenting on it.Ī present sense impression is a hearsay statement describing or explaining something as it is being experienced, or immediately following the experience. Mom is describing an event as it is happening. Mom says “Careful! That coffee is going to spill!” When he walks past Son, his coffee cup begins to tip. Dad walks into the room with his breakfast and coffee. Mom is sitting at the table eating breakfast with Son. You are reviewing your file and find the following: (While Dependency and Neglect cases in Colorado are not criminal in nature, the Defendant’s often get criminal level protections because of the seriousness of the potential results.) As you are defending this case, you will be arguing Crawford whenever there is potential Hearsay evidence from the other side. Washington applies a stricter reading of the Confrontation Clause in criminal cases, causing some of these exception to require a higher level of scrutiny in order to meet the Defendant’s right to confront witnesses against him/her. (The statement has an “indicia of reliability”).Īlso, keep in mind that Crawford v. There are circumstances indicating that the out-of-court statement is reliable, this eliminating to some extent the need for cross examination. To begin with, the primary reason we have so many exceptions to the Hearsay Rule: While you are analyzing your clients statements below, keep in mind two things: Further, even though a statement or conversation may be in writing, it doesn’t necessarily make it more reliable or less of a Hearsay problem than a verbal statement (unless it becomes an 801 exclusion.) As a matter of fact, in reality, witness testimony makes up the majority of the evidence offered at a hearing or trial. The things a person hears, tastes, smells, touches, see, can be admissible as evidence in the courtroom. During my practice there have been an alarming number of times I have had clients tell me “I don’t have it in writing” as if that put an end to the potential admissibility of their experiences. There are underlying rules having to deal with competency that play into the introduction of witness testimony, but this article is only exploring the Hearsay exceptions. In order to best defend your client, you have to get these statements in. 801(d), so you have Hearsay statements potentially barred by F.R.E. They not considered “not hearsay” under F.R.E. (Meaning the relevance of the statement lies in the fact finder believing it.) These statements turn your client’s story from one of abusive father into a tale of accidental harm. Social services has the evidence of the burn marks, the medical reports, and the reporting doctor’s statements.īefore you sits several out of court statements that you want to offer into evidence for their truth. Social Services has brought a case against him based on the fact that he burned his son with coffee at breakfast one morning. You are defending a Father accused of child abuse.
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