NCJ Number
119642
Journal
Criminal Law Bulletin Volume: 25 Issue: 4 Dated: (July-August 1989) Pages: 368-375
Date Published
1989
Length
8 pages
Annotation
Double-level or multiple-level hearsay (hearsay within hearsay) is admissible as evidence if each of the two or more statements qualifies as an exception under the Federal Rules of Evidence.
Abstract
However, the breadth of admissibility provided for with respect to multiple-level hearsay is subject to challenge. While the Advisory Committee notes that a dying declaration incorporating a declaration against interest falls clearly within the multiple-level hearsay exception, the supporting reference discusses only double-level hearsay admitted in connection with the business record exception. With other double-level hearsay exceptions made admissible, there is no requirement for written memorialization. The breadth of admissibility can also be challenged because the rule does not require that the original statement to be admitted must also meet the requirements of the statement within which it is contained. A statement of a then-existing state of mind may be used to argue for admissibility on a basis not previously thought possible. The declarant of a hearsay statement is, in effect, a witness, and subject to impeachment of credibility. The credibility may be attacked and defended by any evidence which would be admissible for those purposes if declarant had testified as a witness. In fact, evidence of an inconsistent statement of action by the declarantis not subject to any requirement that the witness have an opportunity to deny or explain. The Federal Rule of Evidence allows a party against whom an out-of-court statement has been admitted to call the declarant and examine him as if under cross-examination. 8 notes.