What are the three requirements for the state of mind exception to the hearsay rule?

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Directions: Provide Short Essay Answers and Cite Your Work Using APA Style.

  • What are the three requirements for the state of mind exception to the hearsay rule?
  • What two principles justify the state of mind exception to the hearsay rule?
  • What are the five required showings under FRE 803(4) with respect to statements for purposes of medical diagnosis?
  • What are the foundational requirements for former testimony?
  • What is the difference between a confession and an admission?

Miranda requires the police to warn a suspect in custody of what rights?

  • A confession of one defendant, implicating a co-defendant is generally inadmissible. Explain why these confessions are inadmissible, and give some of the suggested procedures for overcoming this problem.
  • List the exceptions to Miranda.
  • What is the difference, if any, between the Sixth Amendment and the Miranda right to counsel?
  • What constitutes deliberate elicitation? What constitutes a custodial interrogation?
  • The states follow one of two procedures to determine whether a confession was freely and voluntarily made. Explain each.
  • What is the hearsay rule and why does it exist?
  • What are the characteristics of a good witness?
  • The Exclusionary Rule relates primarily to to cases involving issues of search and seizure, arrests, interrogations, and stop-and-frisk violations. Please state two exemptions to the Exclusionary Rule and explain them in detail.