| A. Objection
overruled. Even though
the testimony does not quite fit into the dying declaration
exception, it has equal reliability and should be admitted
in the interest of justice.
Incorrect.
The statement is inadmissible hearsay. It is true that there
is an exception to the hearsay rule that allows the judge
to admit hearsay evidence under circumstances that would
ensure the trustworthiness of the statement and the interests
of justice. But the requirements for allowing this exception
are missing from the facts of this example. In particular,
since this statement almost but does not quite fit the dying
declaration exception to the hearsay rule, it would not
be admissible under the "interests of justice"
exception to the rule.
Get more information
on the Interests of Justice Exception
Continue to next question |
