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If a person who give dying declaration but not die is this admissible in the court of law?
Wiki User
∙ 14y ago
No. The person giving the declaration must believe that he IS dying, and in fact, must die, or the declaration is not admissable.
Wiki User
∙ 14y ago
In some jurisdictions, a dying declaration is admissible in court even if the person does not die. The testimony can be admitted if the declarant is unavailable to testify due to being physically or mentally incapacitated. However, the reliability and credibility of the statement would still be assessed by the court.
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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.
If a person who give dying declaration but not die so this is acceptable before the court?
The rule requires that the declarant be unavailable to testify at trial. The declarant is almost always unavailable due to death, but it is not required.
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.
Who can give unsworn evidence?
It would not be a living person.... there are such things as "Dying Declarations" which are admissible in evidence. Also affidavits, evidence results, and transcripts (all of which my have been administered or given under oath), are not necessarily physically "sworn to" at the time of the actual trial.
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.
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