Everyone please read this response in the respectful tone in which it is intended.
@gitana1.... [Sigh]. Now you've gone and made me do it. Now you've gone and made me look up the Rules of Evidence. (I'm a Colorado divorce lawyer---we don't use the Rules of Evidence. (This is an exaggeration, but not much of one.)) I'm restating portions of your post in
purple for clarification.
Yes, you are technically correct. I mischaracterized the statement of a party opponent as an exception to the hearsay rule when technically the statement is by definition not hearsay. Sorry.
However in my mind, the distinction has always been without a difference. The rule is drafted in a very confusing way. First, they define the term. "'Hearsay' is a statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." CRE 801(c). BUT, even if it meets that definition, it is still not hearsay IF it is a "prior statement by the witness"... OR an "admission by a party opponent." CRE 801(d)(1 & 2). Most normal people (lawyers not being normal) would read that and say that the two things at the bottom (prior statement and admission) were
exceptions to the general rule, but they would (technically) be wrong, because there are explicit
exceptions defined in Rules 803 & 804 (the difference between them being whether the witness (declarant) is available to testify or not.
"We all learn that in law school as the law on the that is based on the common law and is virtually the same federally and in every state."
When I was in law school in Texas , we were required to understand the distinctions between the (then) Texas Rules of Civil Evidence, Texas Rules of Criminal Evidence, Federal Rules of Civil Evidence, and the Federal Rules of Criminal Evidence. That was a booger. And a long time ago. I should read the Rules more frequently than I do, but I can assure you that the divorce lawyers I try cases against don't know squat about evidence. It's sad.
"I feel it is important to be accurate when we hold ourselves out to be professionals, because our friends here rely on our expert opinions to be reliable."
That's why I don't want to be verified---because I want to be here and discuss things without my lawyer hat on. I'll let you be the expert. I do find it frustrating when I try to chime in on something I know about only to be corrected. But that's okay.
"Also, no. That was not the original question. . . ."
Maybe I was confused. I could have sworn that someone asked at some point that if CW wanted to maintain the theory he posited in his "confession," could they just offer his videotaped confession as his testimony. I apologize if I have conflated the different issues here. That was the question I was trying to answer.
"We see media interviews come in at trial in the guilt phase, regularly, when the defendant does NOT testify. I cited to a famous example - Scott Peterson."
You've got me at a disadvantage. The last big trial I watched closely was the OJ Simpson case. I will say, however, that I see these crazy, long criminal trials from different states, and they go on and on for weeks, and the judges let the attorneys go far and wide with evidence that is not (IMO) relevant to the crime that was allegedly committed. So IMO, just because a judge in Peterson (or whatever) allowed it doesn't mean that it should happen. But whatever.
I'll consider the verification thingy. If I do it, then I would hope that we could respectfully have differences of opinion.
Have a nice day.
ETA: I "replied" to you comment, but it doesn't appear above. Not sure why. Weird.