SOC-4680 Chapter Notes - Chapter 10: Declarant, Nolo Contendere, Rae Carruth
Document Summary
Prior to the bill of rights english courts recognized that the introduction of second hand information could prove detrimental to defense. Originated in 1600"s following the trial of sir walter raleigh. Raleigh accused of plotting with lord cobham to kill king james i. Cobham confessed while at the tower of london. Although cobham recanted and did not testify, his statement was introduced against raleigh who was not able to cross-examine. Any 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. (fre. Hearsay rule only prohibits those statements offered to prove the truth of the matter asserted. Thus, statements offered for other purposes are not precluded. May include statements offered to demonstrate the state of mind, knowledge of facts, sanity, etc. Those oral/written statements or nonverbal conduct intended to make an assertion.
