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re: A short primer on "evidence"

Posted on 11/10/10 at 2:17 pm to
Posted by Prodigal Tiger
Upper West Side, New York City
Member since Aug 2005
1882 posts
Posted on 11/10/10 at 2:17 pm to
quote:

La. C.E. art. 802


-Yeah, it's evidence, but it's inadmissible.


Wrong. It would be admissible under several exceptions to the hearsay doctrine. It would be either a statement against interest or a prior inconsistent statement.

An accused criminal's confession to his crime will be admissible almost every time. (unless the confession was beaten out of him)

ETA: The statements would not be admissible as exceptions to the hearsay doctrine. Instead, they would simply not qualify as hearsay at all under the rule.
This post was edited on 11/10/10 at 2:44 pm
Posted by NBamaAlum
Soul Patrolville
Member since Jan 2009
27604 posts
Posted on 11/10/10 at 2:20 pm to
This reminds me of an old saying.

"Good lawyers know the hearsay rule. Great, rich lawyers know the exceptions."
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