The victim in a stabbing on Worley Road in Suisun City managed to give local law enforcement officials the name of her attacker before expiring. After an argument on the 1300 block of Worley Road, the unnamed target was stabbed repeatedly. Police have yet to release the name of the suspect, but are on his or her trail.
This brings up an interesting legal question, namely whether or not utterances that would normally be considered inadmissible in court because they are considered hearsay could be admitted because they are “dying declarations.”
According to California Evidence Code, hearsay (statements uttered by persons who may not be reliable witnesses or that cannot be appropriately substantiated) is not admissible as evidence in a court of law. However, there are several exceptions to this rule (Chapter 2, CA Evidence Code). Outright confessions are one example of this, but so are dying declarations (CA Evidence Code §1240-§1242). A dying declaration is exactly what one may think – a statement made by a victim as they are taking often their last breaths. This is not considered hearsay because the victim has direct knowledge of the crime. A dying victim has every right to alert law enforcement officials to the identity of their assailant and to the circumstances of their demise. Other exceptions to the hearsay rule concerning evidence are: official records, former testimony, scientific publications, and statements made against abusers by children under 12 years of age.
If you’re in a situation where you are facing criminal charges, the criminal process can be confusing. The justice system has specific steps they follow. Whether federal or state, the prosecuting attorney has the challenge of proving guilt beyond a reasonable doubt. That means obtaining an attorney from a reputable law firm that understands the […]
A little night out with your friends is fine. A little sip of party bourbon won’t cause anyone any trouble. However, when all that little moments of sipping drinks add up, it could end up in a disaster. Dealing with a DUI conviction is not easy, and it could even cost you thousands of penalty […]
Domestic violence is the attempt to gain power over and control another human within the household through a wide range of abusive behavior. Domestic violence can happen to anyone, regardless of race, sex, sexual orientation, class, education, etc. It often involves physical abuse, and other types of abuse as well. Abusive relationships are too common, […]