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Federal Evidence • Hearsay Exceptions - Unavailability NOT Required
EVID#055
Legal Definition
It is broader than the Federal rule because police records regarding observations in criminal cases are not automatically excluded.
Plain English Explanation
California's rule is basically identical to the Federal Rule that you learned in card EVID#057, however, it is a bit broader and applies even to criminal cases (unlike the Federal Rule which excludes police observations in criminal cases).
Hypothetical
Hypo 1: Bob, a police officer, writes a detailed report following an investigation into a series of burglaries. Sam, a prosecutor, wants to use this report in a criminal trial against Amy, accused of the burglaries. Result: In California, unlike under the Federal Rules, there is no explicit rule excluding law enforcement reports in criminal cases. However, the court will carefully consider whether the report is admissible, taking into account constitutional concerns such as the Confrontation Clause. If the report is deemed admissible, Sam can use it in Amy's trial.
Visual Aids
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