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triangle

Page history last edited by abogado 3 years, 8 months ago

 

 

Remember: Hearsay - an "out of court statement (OOCS) and "for the truth of the matter asserted therein ("fotomat")
so to have hearsay formula = OOCS + FOTOMAT (shorthand way to memorize what is hearsay) - see useful triangle below

Triangle: 
In terms of the above  "testimonial triangle," O’s statement will only be hearsay if the trier of fact is asked to travel from point A to point B to point C (i.e., the fact-finder must be asked to determine that the declarant truly held the belief which his declaration suggests he held – point B – and also that declarant’s belief accurately reflects reality – point C). [175]] 

 

Example: O is prosecuted for robbery; he claims that he was captured and forced to take part in the robbery. He offers a note he wrote to his wife during the captivity, "If I don’t take part in the robbery, they’ll kill me." The fact-finder is asked to travel from point A to point B (i.e., to determine whether O really believed his statement), but not to travel from point B to point C (i.e., to determine whether O’s belief accorded with reality). Since the fact-finder is not asked to travel all the way around the triangle, O’s statement is not hearsay.

 

 

 

 

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