capps said:
VOR,
That helped very much,thank you!
Now,if I'm understanding correctly,all the statements that Patsy made about being the first to awake,and finding the ranson note on the stairs,and any thing else she may have said,up until the time John joined her,would be moot. Correct?
Well, you have to wait until a trial when an attorney tries to admit statements to determine if they are admissible. As I said before, it all depends on what the statements are being used to prove. However, the examples you cited really couldn't be used to prove much aside from their truth (first awake, found the note, etc.), so in all likelihood, they would be inadmissible.
capps said:
Do courts pick and choose when statements can be admissible? One that comes to mind ... in the OJ trial,Nicole's 911 tape was admissible,why so? Is it because she was the victim? Or am I way off base here?
Again, there are many exceptions to the hearsay rule. 911 tapes can come in because they are what is known as "excited utterances." (Statements made following a startling event while the declarant is still startled by the event.)
And yes, courts pick and choose. First, they look at what statements are trying to prove, and if it is not the truth of the statements, they are not considered hearsay, and therefore, are admissible. If the statements are hearsay, then they look to see if they fall under an exception.
Basically, it works like this. Hearsay is generally seen as unreliable. If a statement is not offered to prove its truth, the reliability is no longer an issue. And all of the exceptions are situations in which the statements are more likely to be reliable (e.g., 911 call).
Now you've got me thinking, though. I think many of Patsy's statements could come into a trial. First, you've got her deposition. This is testimony sworn under oath with opportunity for cross, so it should be fully admissible at any trial. Then, imagine for a second that it was determined PR and JR conspired in this case. There is a hearsay exception known as "statements by co-conspirators made in furtherance of a conspiracy." While I don't think that is what happened, there are situations in which these statements could come in. And while the confrontation clause could cause problems in any criminal trial, it doesn't apply to civil trials such as wrongful death or whatever. The author of the original article in this post, just kept things very simple.