Chapter 3 - §11. Exception—Sworn statement relevant to gang-related crime
| Jurisdiction | United States |
§11. Exception—Sworn statement relevant to gang-related crime
A person's sworn out-of-court statement that is relevant to the prosecution of a gang-related offense is admissible as an exception to the hearsay rule if the person is unavailable to testify because she died of unnatural causes. Evid. C. §1231.
§11.1. Overview. Evid. C. §1231 was created as a safeguard against a witness being murdered by a member or members of a criminal street gang while a trial is pending.
Federal Comparison The FREs have no comparable rule.
§11.2. Requirements for exception. For a sworn statement to be admissible under the gang-related crimes exception, the following criteria must be met:
1. Statement relevant to gang-related offense. The statement must relate to acts or events relevant to a criminal prosecution of certain gang-related offenses. Evid...
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