Aquiring Admissable Statements Essay

1. When reviewing the legal requirements to acquire an admissible accedement, what similarities did you interpret among the quartet states?In general the similarities among the four states pertain to the use of familiar records much(prenominal) as religious nonpareils, family history, documents more than 20 years old, recorded recollections, the absence of public records, vital statistics, statements rough the declarants nowadays sense impressions or the declarants the animate mental, physical or emotional state, statements about the persons medical condition. Arizona, Illinois and red-hot York also accord telephone conversations to be admitted into tell as long as one part has consented to such(prenominal) preserve (Pilgrim Software, 2007).2. What differences did you find among the four states? atomic number 20 requires twain parties consent to telephone conversation record for the telephone call to be admitted as evidence (Pilgrim Software, 2007). California has adm itted hearsay statements by victims who were murdered, as demonstrated by the (Colb, 2008) Giles v. California. newfound York Evidence Law (2006) does not allow prior consistent statements. They can solo be used to disprove misassigned motive, as demonstrated by People v. Seit, 86 N.Y.2d 92 (1995) (p. 15).However, New York has made 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 consummation is admissible. If it relates to criminal actions or proceedings it is inadmissible (Arizona rules, 2009). Yet, Arizona allows firsthand pen accounts of the persons activities or routines (2009).Illinois (2011) contends that one must prove the content of a writing, recording, or movie, the original writing, recording, or photograph is required, except as otherwise provide d in these rules or by statute in order to be admitted. If the original is unavailable, exceptions might be made (2011).3. What do you watch the most interesting sentiment regarding your similitude of admissible statements for these states?Perhaps, the most interesting concept regarding the comparison of admissible statements and hearsay exceptions for these states catch ones breath within the small and pivotal differences in the midst of 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 honor whether such exceptions are constitutional.