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Is a dying declaration a violation of ones constitutional rights?
If an individual is charged or prosecuted for a crime based on another's dying declaration, it can be argued that they are deprived of their constitutional right (6th amendment) to confront witnesses against them (since they are now dead).Added: The cogent legal fact is that a genuine dying declaration is an exception to the hearsay rule and can be admitted as evidence in court.ONLY if the individual actually manages to survive can the declaration be challenged.
Why is it the Declaration of Independence necessary?
The Declaration of Independence declared to Great Britain that the United States was an country independent from their rule.
In 1776 which document did the colonists write to tell England that they wanted to be free from British rule?
declaration of independence
How does the declaration of independents reflect the democratic ideals of liberty equality and the rule of law?
lll
What listed 27 specific complaints against the british rule in America?
declaration of independence
Is it true that dying declarations and spontaneous statements are considered exceptions to the hearsay rule?
True
Why is a dying declaration admissible?
Because it is accepted that person making a dying declaration, in an effort to clear their conscience, will make a truthful statement. The cogent legal fact is that genuine dying declarations are an exception to the hearsay rule and may be admitted as evidence in court.
Is all dying declaration proved true?
Whether they are true or not is not the question. The cogent legal fact is that genuine dying declarations are an exception to the hearsay rule and may be admitted as evidence in court.
Is a dying declaration a violation of ones constitutional rights?
If an individual is charged or prosecuted for a crime based on another's dying declaration, it can be argued that they are deprived of their constitutional right (6th amendment) to confront witnesses against them (since they are now dead).Added: The cogent legal fact is that a genuine dying declaration is an exception to the hearsay rule and can be admitted as evidence in court.ONLY if the individual actually manages to survive can the declaration be challenged.
What states have the hearsay law?
States vary in their hearsay laws; however, all states allow for some exceptions to the rule against hearsay. It's best to consult the specific laws of the state in question for more detailed information.
What is extrajudicial settlement?
An extrajudicial statement is an out-of-court utterance, either written or oral. When offered into court as evidence, it is subject to the http://www.answers.com/topic/hearsay rule and its exceptions.
What is the only situation in which the writ of Haber corpus may be suspended?
Actually there are several exceptions to the "hearsay rule." You may want to use a search engine (I recommend WikiPedia) to check it out.
How the court viewed hearsay evidence of Stroud v Golson?
In Stroud v. Golson, the court found that the hearsay evidence presented was inadmissible because it did not fall within any of the exceptions to the hearsay rule. The court emphasized the importance of ensuring that only reliable and trustworthy evidence is used in legal proceedings to protect the rights of the parties involved.
Information against the accused that cannot be used?
It is evidence that has been ruled "INADMISSABLE" by the trial judge. One is tempted to answer this question with "hearsay" evidence. HOWEVER - that would be wrong. There are so many exceptions to the hearsay rule that the only way the admissability of hearsay can be determined is by submitting it to the trial judge and having the judge rule on it. It is entirely possible that, due to the legal cirecumstances of the case, hearsay evidence could be included. However, if the judge rules against it, it becomes "inadmissable." THUS - information that cannot be used against the accused is called "inadmissable evidence."
Can the elements of bribery be proven on hearsay?
No, elements of bribery cannot be definitively proven through hearsay alone. Hearsay involves relaying information that was heard from someone else and is typically not admissible as evidence in court due to reliability concerns. To prove the elements of bribery, direct evidence or corroborating evidence is typically required.
Can hearsay of a habitual violator of a crime say a man with no record of such crime is the guilty party when all evidence is found on violator's property?
No, since the question presumes the evidence is hearsay; therefore it is inadmissible even if the witness had the highest degree of credibility. There are many exceptions to the hearsay rule and many instances where an out of court statement seems to be inadmissible hearsay but is not (i.e. non hearsay hearsay), that it serves no purpose to provide facts that would allow the statement to be used at trial. If the question posed more facts than just the statement that the evidence is hearsay, they would show whether the statement is admissible under an exception or as non hearsay hearsay. Once the statement is admitted as evidence it would be up to the jury to determine if the witness is believable.
Is Hearsay admissable in a criminal trial?
A person can not be charged with an offense or crime based on noting but hear say. There has to be evidence to convict a person. A judge determines the final outcome.
