Aquiring Admissable Statements Essay

1. When reviewing the legal requirements to realize an permissible statement, what similarities did you find among the four states?In general the similarities among the four states bear upon to the use of public records such as religious 1s, family history, documents more than 20 years old, recorded recollections, the absence of public records, vital statistics, statements about the declarants present sense impressions or the declarants the existing mental, physical or emotional state, statements about the persons medical condition. azimuth, Illinois and in the buff York in addition go away telephone conversations to be admitted into evidence as long as one part has consented to such recording (Pilgrim Software, 2007).2. What inconsistencys did you find among the four states? calcium requires both parties consent to telephone conversation recording for the telephone chitchat to be admitted as evidence (Pilgrim Software, 2007). atomic number 20 has admitted hearsay statemen ts by victims who were murdered, as demonstrated by the (Colb, 2008) Giles v. California.New York Evidence Law (2006) does not allow prior consistent statements. They can only be used to contradict misassigned motive, as demonstrated by People v. Seit, 86 N.Y.2d 92 (1995) (p. 15).However, New York has make exceptions to such statements when they apply to present impressions (p. 15). Out-of-court identifications made by persons not present is treated as hearsay (p. 15). This is also true for California (DiCarlo, 2001).In Arizona, former testimony in a non-criminal action or proceeding is admissible. If it relates to criminal actions or proceedings it is inadmissible (Arizona rules, 2009). Yet, Arizona allows firsthand written accounts of the persons activities or routines (2009).Illinois (2011) contends that one mustiness prove the content of a writing, recording, or picture show, the original writing, recording, or photograph is required, except as otherwise provided in these ru les or by legislation in order to be admitted. If the original is unavailable, exceptions might be made (2011).3. What do you consider the most interesting concept regarding your comparison of admissible statements for these states?Perhaps, the most interesting concept regarding the comparison of admissible statements and hearsay exceptions for these states fabrication within the small and pivotal differences between them. Almost every difference is explained by a court case in that particular state. when one considers that each state has a few exceptions to the federal rules of evidence and hearsay, I cannot help but wonder whether such exceptions are constitutional.