State of mind hearsay exception vs. circumstantial evidence of state of mind definitional argument
Published at : 14 Dec 2020
WELCOME to my “Federal Rules of Evidence” program for students interested in the evidentiary rules that govern trials in federal court. "Federal Rules of Evidence" is a series of 12 playlists (with many videos) designed to introduce viewers to the Federal Rules of Evidence (FRE), as well as evidentiary concepts and arguments under the FRE. The 12 playlist topics are set out below in this description.
This playlist covers FRE Rules in Article VIII (Hearsay exceptions). This video covers State of mind hearsay exception vs. circumstantial evidence of state of mind definitional argument - and this playlist (organized by FRE rule/concept) features the following videos:
Rule 803 - the rationale behind the reliability exceptions
Rules 803(1) & (2). Present sense impressions & Excited utterances
Rule 803(3). ["Then existing"] State of mind
Rule 803(4). Statements for medical diagnosis
Rule 803(6). Business records
Rule 803(8). Public records
Rule 804. Exceptions to the rule against hearsay—unavailability of declarant
Rule 804(a). Unavailability generally
Rule 804(b)(1). Former testimony
Rule 804(b)(2). Dying declaration
Rule 804(b)(3). Statement against interest
Rule 804(b)(5). Forfeiture
Rule 805. Hearsay within hearsay
Rule 806. Attacking and supporting the declarant’s credibility
Rule 807. Residual exception
The channel features several videos within each of these 12 playlists:
Intro to FRE Rules & Concepts **(start here)**
Articles I & II - General & Judicial Notice.
Article IV – Relevance & 403
Article IV – Policy rules
Article IV – Character evidence
Article V – Privileges
Article IV – Witnesses
Article IV – Impeachment
Article VII – Opinion testimony
Article VIII – Hearsay – definition/exemptions
Article VIII – Hearsay – exceptions
Articles IX & X – Authentication & Original doc
Professor Wes Porter served as a trial attorney with the Department of Justice's Criminal Division, Fraud Section, in Washington D.C., the U.S. Attorney's Office for the District of Hawaii and the JAG Corps for the U.S. Navy stationed in the Trial Service Office Pacific. After lecturing and teaching as an adjunct professor for years, he moved to academia full-time teaching courses in Evidence, Criminal Law and Procedure, and skills courses like Trial Advocacy. Professor Porter earned tenure, became a full professor of law, and led a center devoted to evidence, litigation and trial skills training.
Professor Porter still teaches in law schools and trains lawyers new to the profession. To contact Professor Porter with questions or video topic requests, you may email him at firstname.lastname@example.org.
©Wes R. Porter 2020. All rights reserved.
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