NCJ Number
139129
Journal
Northern Illinois University Law Review Volume: 10 Issue: 2 Dated: (1990) Pages: 159-224
Date Published
1990
Length
66 pages
Annotation
In light of two recently crafted statutory exemptions from the rule for prior inconsistent statements and prior identifications, that are just reaching the appellate courts, this article outlines some of the basic principles that govern typical, recurring hearsay problems in Illinois.
Abstract
Hearsay, defined as an out-of-court statement used to prove the issue being heard in court, has six underlying principles including a witness, a declarant, the statement, the matter asserted by the statement, the purpose for which the statement is offered, and the possibility of testing the credibility of the declarant by cross-examination. The section on non-hearsay covers the definition, other examples of statements not used to prove the truth of the matter asserted, verbal acts, statements admissible for one purpose but not another, and assertive versus non-assertive conduct. Prior consistent and inconsistent statements and prior inconsistent identifications are discussed. The article examines various aspects of admissions including vicarious admissions, co- conspirator's declarations, admissions by silence, and evidentiary versus judicial admissions. The final sections cover hearsay under Wilson v. Clark, judgments of conviction as evidence, and declarations against interest. 324 notes