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.
Driving under the influence (DUI) is a major offense in San Jose. If you’ve been arrested for a DUI, you might be worried about the future of your driver’s license. Following a DUI arrest, you might be wondering what to do next. Knowing your rights and the next steps can significantly impact the outcome of […]
Navigating the complexities of criminal law in San Jose can be confusing. Many residents often have questions about their rights, the legal process, and the consequences of a criminal charge. Fortunately, understanding these topics is easier with the correct information. At Summit Defense, our criminal defense lawyers are here to help you. Every criminal offense is […]
Being charged with a DUI in California is a serious matter. If you get convicted of a DUI, you spend time in jail, have your license suspended or revoked, and face significant fines and other penalties. A DUI conviction will also appear on your records, which might make it hard for you to secure housing […]