PSSC 130 CHAPTER 5,6,7

• hearsay evidence: second- hand information that someone heard someone else say.
• hearsay evidence is generally not allowed because you cannot cross- examine the person that said it because they are not there to testify.
• Declaration against interest: statement made by party that is against party's own interest
• Dying declarations: a statement made by a person who is certain they are about to die. only apply in criminal cases.
• Excited utterance: Statement made while speakers mind is still focused on a startling event
• Res gestae: statement made in excited state or expressing an existing physical, mental, or emotional state
• Present impression: statement regarding persons perception of their present impressions or physical or mental conditions
• Business records: records made in ordinary course of business by an individual performing duties of employment who has no motive to fabricate
• Prior testimony: when party is unable to be a witness at trial due to illness, disappearance, mental abilities, death, etc. Prior testimony from preliminary hearing or examination for discovery could be used
• 2 general requirements for the modern rule for hearsay (r. v. Khan):

  1. necessity
  2. reliability
• rule for hearsay:

  • is it necessary
  • is it reliable
• Prior statements: statements you give to police before the court trial.
• principled exception to hearsay developed from the r. v. khan case.
• Statutory exceptions to the hearsay evidence

  • s. 29 of the criminal code