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To qualify as an exception to the hearsay rule a statement must have some indicia of reliability?
Wiki User
∙ 14y ago
No, not since 2004. Under the precedent set in Ohio v. Roberts, 448 US 56 (1980), testimonial hearsay was admissible if it was was considered "reliable."
This standard was overturned in Crawford v. Washington, 541 US 36 (2004), in which the US Supreme Court determined such evidence violated the defendant's Sixth Amendment protection under the Confrontation Clause, which holds that a defendant has a right to confront (question) witnesses who testify against him/her.
In Crawford the Supreme Court ruled 9-0 that admitting "reliable" hearsay testimony was tantamount to assuming the defendant was guilty. Justice Scalia wrote: "Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with a jury trial because a defendant is obviously guilty...."
The Supreme Court decided the key was not a matter of reliability, but whether certain evidence could be considered testimonial, and therefore inadmissible in the absence of the witness; or whether the evidence qualified as non-testimonial, and therefore admissible on the grounds that introducing the material didn't trigger the Confrontation Clause.
In 2006, the Supreme Court clarified their decision in Crawford in tandem cases, Davis v. Washington and Hammon v. Indiana, 547 US 813 (2006) that stipulated witness statements not intended to be preserved at trial, but to resolve an "ongoing emergency," should be considered non-testimonialevidence and did not require the witness to be present in court for cross-examination.
Non-testimonial statements are those not intended to be preserved at trial, and not given in the process of an investigation, such as a transcript of a 911 call where the witness is describing a crime as it occurs, and is seeking aid rather than retribution. Testimonial statements are given after the crime has occurred, during an investigation of events. In the second instance, the witness is protected by police, not in immediate danger, and may have formulated a motive for giving rebuttable information.
For more information, see Related Questions, below.
Wiki User
∙ 14y ago
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What is the order of mango?
indicia
What is the meaning of Indicia?
Discriminating marks; signs; tokens; indications; appearances.
How do you copyright a drink?
You would be more likely to seek trade secret protection for the formula, and trademark protection for the name, logo, and other indicia.
For what purposes is indicia used?
This is a postal service for business etc. The mail is franked instead of having to stick on stamps. There are four different levels of serivce offered.
When did the song She's Got Style come out?
The song is on the EP Never Shout Never, released December 8, 2009. (some indicia say December 7)
What is eBay's copyright?
eBay can claim copyright protection for the design of its website, as well as print, radio, and television ads, but also has registered trademarks for the name, the particular logo, and other indicia.
What are cybermarks?
Unlike trade marks, "cybermarks" are not merely indicators of product source, but function both as symbolic indicia for human recognition and as strings of computer code in the operation of automated search and indexing mechanisms.
How can I tell what series a comic book is e.g. New Warriors 1st series to New Warriors 2nd series?
You can typically determine the series of a comic book by looking at the indicia, which is usually found on the inside cover or first few pages. The indicia will indicate the publication year, issue number, and can also specify if it's a new series or continuation of an existing one. Additionally, the cover may also have a "First Issue" or "New Series" label to indicate a relaunch.
What separates ethnic groups from other minority gruops?
Most minority groups can also be identified as ethnic groups, but ethnic groups require a real or fictive kinship as well as cultural indicia. A real kinship is when all of the members of an ethnic group are actually related (almost never true unless incest is common) and fictive kinship is when all of the members of an ethnic group believe that they descend from common ancestors, even though many of the members may not actually descend from these ancestors (even assuming that they are historical persons). Cultural indicia refers to a group possessing unique or distinctive: foods, languages, social behaviors, taboos, religions, social hierarchies, home construction, life-cycle events, etc. An ethnicity need not be unique in all of the cultural indicia, but unique enough to differentiate it from its neighbors.
What is the protocol for a commercial blog using trademarked names and sources in the copy?
Typically you would include the (tm) or (r) indicia as appropriate. If you feel it is warranted, you may wish to add a disclaimer that all trademarks are property of their respective companies.
If the title of a book closely resembles the name of a company is the book subject to trademark infringement?
If the book is simply trying to piggyback on the success of the company, yes. But if the book is a critique of the company, no. Generally the publisher will include a disclaimer in the copyright notification of the book, clarifying the ownership of "all related indicia."
Does coke and Pepsi have their own patents?
Pepsi likely holds many copyrights, for jingles, advertisements, commercials, etc. The Pepsi logo and similar indicia are protected by trademark, and the formula is almost certainly protected as a trade secret. All of these are forms of intellectual property.
