Evidence

Question 1

excited utterance

Answer 1

statement relating to a startling event made while under the stress of the excitement caused by the startling event

Question 2

present sense impression

Answer 2

describes or explains an event or condition and is made while or immediately after declarant perceives the event or condition

Question 3

testimony and confrontation clause

Answer 3

hearsay will not be admitted when:

1. offered against the accused in a criminal case;
2. deeclarant is unavailable to be cross-examined at trial
3. accused had no opportunity to cross-examine the unavailable declarants statement prior to trial and
4. the statement is testimonial in nature

Question 4

testimonial

Answer 4

statements made during police interrogation are testimonial where primary purpose of interrogation is t establish or prove past events potentially relevant to later criminal prosecution

NOT testimonial if helping police address ongoing emergency

Question 5

identification

Answer 5

declarants out of court statement identifying person as someone he perceived earlier is not hearsay if declarant testifies at trial and is subject to cross examination

Question 6

character evidence

Answer 6

generally inadmissible to prove that the person acted in conformity with that character