AJ 003 Test 3 (Ch 6-8)

The _____ Rules of Evidence list multiple exceptions to the exclusionary rule.

Federal

To fall within the hearsay rule, the declarant's statement must be a(n) _____ statement.

assertive

The Fifth Amendment privilege applies to prosecution or the possibility of prosecution of any ______________ case.​

criminal

There is a hearsay exception for dying _____.

declarations

Prosecutors have a privilege not to reveal the identity of confidential __________.

informants

​The general rule is that hearsay is _____.

not admissible

Under the "forfeiture by wrongdoing" rule, a defendant who deliberately makes a witness unavailable waives _____.

the right to object to hearsay with regard to that witness

The hearsay rule forbids only statements offered to prove the _____of the matter asserted.

truth

The admission of hearsay testimony may sometimes violate the _____ Amendment.

​Sixth

​The practice of obtaining criminal convictions based on hearsay was especially grievous in the infamous _____ trials in England.

​Star Chamber

​The oldest confidential communication privilege known to the common law was the _____ privilege.

​attorney-client

​The principal means courts use to guard against the risks of Hearsay are the requirements that the witness testify under oath, which helps ensure reliability, and that the witness be available for _____.

​cross examination

In hearsay testimony, the person on the witness stand _____.

​did not personally witness the event

The statement by a shooting victim just prior to death would probably be admissible under the hearsay exception for _____.

​dying declarations

A(n) _____ is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.

​excited utterance

The problem with hearsay testimony is that the person who actually saw the events _____.

​is not on the witness stand

​In jurisdictions with a psychotherapist-patient privilege, there is usually an exception for patients who _____.

​may be a danger to themselves or others

Statements made to a physician for the purpose of diagnosis or treatment _____.

​may be both privileged and an exception to the hearsay rule

Federal statutes give federal employees a privilege not to reveal _____.

​military or diplomatic secrets vital to national security

Hearsay can be written statements, communicative conduct, or _____.

​oral statements

The attorney-client privilege does not apply when the client informs the attorney of _____.

​planned crimes

Many states have a _____ privilege for journalists, meaning a journalist can refuse to disclose sources, but must make available other information acquired through reporting activities.

​qualified

There is a hearsay exception for business, government, and religious records as long as the records are _____.

​regularly kept

To fall within the hearsay rule, the testimony must be offered to prove the _____.

​truth of the matter asserted in the statement

For most exceptions to the hearsay rule under the Federal Rules of Evidence and in most states, _____.

​unavailability of the declarant is not required