The hypo contains multiple hearsay. Person A said "I killed X". He told that to Person B. Person B, immediately after Person A said the statement, wrote down what Person A said. For the first lawyer of hearsay, Person A is the declarant. My question is, who is the declarant when Person B wrote down what Person A said?
I ask who the declarant is because I want to see whether the second level of hearsay can come under the present-sense impression. If Person B is the declarant, it would come under that exception, no?
Thank you!
Hearsay Question Forum
-
criminaltheory
- Posts: 196
- Joined: Mon Jul 23, 2012 5:48 pm
Re: Hearsay Question
Ask yourself who is "saying" something. Person B said in writing "person A said.....". B is the notes declarant.salad.law wrote:Person B wrote down what Person A said
And so no, its not a present sense impression to just repeat what someone said: its the definition hearsay. But what purpose would the note be used for. If its for the statements impact on B , then its a nonhearsay purpose (to show A is bragging or threatening maybe). If B is the opponent, then thats a thing too.
