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Giles v. California, 554 U.S. 353 (2008), was a case decided by the Supreme Court of the United States that held that for testimonial statements to be admissible under the forfeiture exception to hearsay, the defendant must have intended to make the witness unavailable for trial.
Under the Federal Rules of Evidence, Rule 804(b)(3) provides: "A statement that: (A) a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to ...
Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
In the USA, a party admission, in the law of evidence, is any statement made by a declarant who is a party to a lawsuit or criminal case, which is offered as evidence against that party. Under the Federal Rules of Evidence , such a statement is admissible to prove the truth of the statement itself, meaning that the statement itself is not ...
"Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." [1] Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is admissible as evidence only if it is inculpatory; exculpatory statements made to an investigator are hearsay and therefore may not be admitted as ...
The Hiring Incentives to Restore Employment (HIRE) Act of 2010 (Pub. L. 111–147 (text), 124 Stat. 71, enacted March 18, 2010, H.R. 2847) is a law in the 111th United States Congress to provide payroll tax breaks and incentives for businesses to hire unemployed workers.
Crawford v. Washington, 541 U.S. 36 (2004), is a landmark United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Clause of the Sixth Amendment.
Crawford v. Washington, 541 U.S. 36 (2004) The Supreme Court held that the admission of "testimonial" hearsay in a criminal trial violates the defendant's Sixth Amendment right to confront the witnesses against him unless the declarant is unavailable to testify at trial and the defendant had a prior opportunity to cross-examine the declarant.