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CJA/363 Version 3
is then
proven to
be
voluntary,
the judge
will permit
it as
evidence
and permit
the jury to
hear all
evidences
and rules
regarding
confessions
as evidence
and
admissible
statements.
Illinois
During an Sec. 115-10.1. Sec. 115-10.2. Adm
interview statements when w
or Admissibility of Prior Inconsistent testify despite a
interrogat Statements. testify.
ion, if a
confessio In all criminal cases, evidence of a
n or statement made by a witness is not Illinois Criminal S
statement made inadmissible by the “hearsay Admissibility of Evi
is made rule” if (a) the statement is lacking from
from the consistency with his or her testimony www.law.onecle.com
defendant at the hearing or trial, and (b) the ndexVIII.html
, or any witness is subject to cross-
other examination regarding the
form of statement, and (c) the statement (1)
evidence was made under oath at a trial,
is brought hearing, or other proceeding, or (2)
out recites, describes, or explains an
during, event or condition of which the
the witness had personal knowledge, and
evidence (A) the statement is verified to have
can only been written or signed by the
be witness, or (B) the witness
admissibl acknowledged under oath the making
e in court of the statement either in his or her
if the testimony at the hearing or trial in
court is which the admission into evidence of
considerin the prior statement is being pursued,
g the or at a trial, hearing, or other
burden of proceeding, or (C) the statement is
Acquiring Admissible Statements Worksheet 3
CJA/363 Version 3
threatene
d for his
or her
confessio
n by any
means, if
so, the
evidence
cannot be
used in
court.
Californ
ia For According to the Supreme Court Hagan, P.J. (2000,
statement there are advantages to the general Retrieved
s and acceptance standard. It allows those http://www.findartic
confessio who are most qualified to use the
n to be validity of a method to determine
admissibl that uniform decisions and protection www.caselaw.com
e in court, of those involved were established.
a few
things
must
occur
first; the
method
being
used to
acquire
the
statement
must be
establishe
d by an
expert
testimony
, and that
the
correct
scientific
measures
were used
to obtain
the
evidence.