AVAILABILITY IMMATERIAL—STATE OF MIND (FRE 803(3))

Question 1

FRE 803 Hearsay Exceptions; Availabilty if Declarant Immaterial

Answer 1

The following are not excluded by the hearsay rule, even through the declarant is available as a witness:

 (3) Then existing mental, emotional or physical condition. A statement relating to the declarant's then existing srtate of mind, emotion, sensation or physical condition (such as intent, pla, motive, design, mental feeling pain and bodily health) but including a statment of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocaiton, indentificvationor terms of declarant's will.

Question 2

AVAILABILITY IMMATERIAL—STATE OF MIND (FRE 803(3))

A. Various Categories of State of Mind Evidence:

Answer 2

Question 3

AVAILABILITY IMMATERIAL—STATE OF MIND (FRE 803(3))

B. Rationale for Exception for State of Mind

Answer 3

1. Necessity

        a. How can we prove mens Rea for certain acts unless we ccan introduce testimony as to staements made by the declarant as to his or her state of mind. 

2. Trustworthiness

     a. The risk of misperception is nill (since everyone is an expert on his or her own state of mind) and the risk of faulty memory is non-existent

Question 4

C. Application of Exception for Statements as to Then Existing State of Mind (FRE 803(3))

Answer 4

Question 5

D. Applicaiton of FRE 803(3) to Prove Conduct- Forwards and (not) Backwards

Answer 5