some of you might have forgotten about me; i took a bit of a hiatus. what with summer classes, and the unfortunate turn of events that lead to me having to leave my job at the firm. but when one door closes another one opens, so who knows what adventures are in store for me now.
but enough about me, let’s get to the good stuff.
so, have you ever watched one of those stereotypical lawsuit movies where you hear an attorney yell “objection! hearsay!”?
no; yes you have.
but have you ever known what that really meant? of course not, why would you want to study law? what a stupid idea…
well, hearsay is “the report of another person’s words by a witness, usually disallowed as evidence in a court of law.” in simpler terms, hearsay is what this world would come to know as a rumor.
hearsay usually does for the most part get disallowed as evidence, and what that means is that the rumor cannot be brought up to a jury in attempt to prove or disprove guilt, because it’s not admissible. what does count as hearsay can possibly have exceptions. a few are excited utterance, statement made under belief of impending death, and recorded recollection.
as far as excited utterance goes, it’s just a fancy word for the term “blurting out”, which for some reason, humans are extremely good at doing… hence the reason for the need of attorneys in the first place?
let’s say you’re driving down the 5 and you go to change the song and for the split second that your eyes are down, you start to swerve into another lane, creating a collision between you and another person. the collision happened at such a high rate of speed that you sent their car spinning off of the freeway and onto the offramp. with your heart beating out of your chest and tears about to stream out of your eyes, you get out of the car and run to the other person. once you get there, you see that they’ve passed out from the impact from spinning so fast, and you start screaming that it’s all your fault and that you’re so so so so sorry, and because of your voice, the person wakes up to hearing you say all of it.
what did you do?
given the other person a valid admissible hearsay evidence claim. how’d you do that? you were just being a person and apologizing for your mistake.
but that’s where you put yourself accountable and at fault.
excited utterance goes as an exception to hearsay because it’s very raw emotion. you’re not thinking about what you’re saying, you’re only saying what you believe is true, and that’s what gets you stuck.
now, a statement made under belief of impending death can be a lot of scenarios, but the key is the vulnerability that comes with dying. for example, on someone’s death bed, if the person brings you closer to tell you that they were the person that killed sarah, and the evidence after given to police leads back to them, it’s still considered hearsay, but it’s an exception. the same goes for someone that pleads guilt under belief of impending death. you don’t have to be dying to commit this hearsay exception, but you do have to be so scared and so under the impression that you’re going to die. this could be being held at gun point then admitting to a murder, or being on an airplane that’s going to crash and admit to smuggling drugs into the states.
why are all my scenarios so vulgar?
i guess it’s fun to explain it that way?
recorded recollection is probably the easiest hearsay exception in this day and age, because so much of our lives are put onto social media platforms and other outlets that stores the information into a database for retrieval whenever it’s called upon.
let’s say you tweet that you know exactly who played your best friend who eventually ended up getting allegedly murdered by their ex-significant other, then you go into a deposition and say you never knew who two-timed them, the opposing party can bring your tweet into evidence to prove you wrong.
…and do you know how many tweets some people have?
…….and do you know what some people tweet?
until next time!