TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 9 P24

Gale Encyclopedia of American Law Volume 9 P24 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 218 SIXTH AMENDMENT child s testimony outside the presence of the defendant and later replay the tape during trial Spigarolo v. Meachum 934 19 2d Cir. 1991 . However counsel for both the prosecution and defense must be present during the videotaped testimony. If neither the defendant nor her attorney are permitted the opportunity to confront a witness even if the witness is a small child whose welfare might be harmed by rigorous cross-examination the Sixth Amendment has been violated Tennessee v. Deuter 839 391 Tenn. 1992 . Occasionally defendants are denied the opportunity to confront and cross-examine their accusers under the controversial rules of hearsay evidence. Hearsay is a written or verbal statement made out of court by one person and that is later repeated in court by another person who heard or read the statement and presented for the truth of the matter asserted. Because such out-of-court statements are not typically made under oath or subject to cross-examination the law treats them as untrustworthy when introduced into evidence by a person other than the original declarant. When hearsay statements are offered for their truth they generally are deemed inadmissible by state and federal law. However certain hearsay statements such as dying declarations excited utterances and officially kept records are deemed admissible when made under reliable circumstances. Dying declarations are considered reliable when made by persons who have been informed of their impending death because such persons are supposedly more inclined to tell the truth. Excited utterances are considered reliable when made spontaneously and without time for premeditation. Business and public records are considered reliable when kept in the ordinary and official course of corporate or government activities. The prosecution may introduce all four types of evidence as well as other firmly rooted exceptions to the hearsay rule without violating the Sixth Amendment even though the

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