dying declaration

Dying Declaration

A statement by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases.

A dying declaration is considered credible and trustworthy evidence based upon the general belief that most people who know that they are about to die do not lie. As a result, it is an exception to the Hearsay rule, which prohibits the use of a statement made by someone other than the person who repeats it while testifying during a trial, because of its inherent untrustworthiness. If the person who made the dying declaration had the slightest hope of recovery, no matter how unreasonable, the statement is not admissible into evidence. A person who makes a dying declaration must, however, be competent at the time he or she makes a statement, otherwise, it is inadmissible.

A dying declaration is usually introduced by the prosecution, but can be used on behalf of the accused.

As a general rule, courts refuse to admit dying declarations in civil cases, even those for Wrongful Death, or in criminal actions for crimes other than the Homicide of the decedent.

State and Federal Rules of Evidence govern the use of dying declarations in their respective proceedings.

dying declaration

n. the statement of a mortally injured person who is aware he/she is about to die, telling who caused the injury and possibly the circumstances ("Frankie shot me"). Although hearsay since the dead person cannot testify in person, it is admissible in homicide cases on the theory that a dying person has no reason not to tell the truth.

dying declaration

in the law of evidence, an exception to the hearsay rule in England whereby the oral or written statement of a dying person may be used in evidence at the trial of a person for his murder if he would have been a competent witness himself To be effective, the maker must have been in hopeless expectation of his death. Its basis is that the person being so near death is unlikely to lie when he is so soon to come before a higher authority.

单词	dying declaration
释义	dying declaration Dying Declaration A statement by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases. A dying declaration is considered credible and trustworthy evidence based upon the general belief that most people who know that they are about to die do not lie. As a result, it is an exception to the Hearsay rule, which prohibits the use of a statement made by someone other than the person who repeats it while testifying during a trial, because of its inherent untrustworthiness. If the person who made the dying declaration had the slightest hope of recovery, no matter how unreasonable, the statement is not admissible into evidence. A person who makes a dying declaration must, however, be competent at the time he or she makes a statement, otherwise, it is inadmissible. A dying declaration is usually introduced by the prosecution, but can be used on behalf of the accused. As a general rule, courts refuse to admit dying declarations in civil cases, even those for Wrongful Death, or in criminal actions for crimes other than the Homicide of the decedent. State and Federal Rules of Evidence govern the use of dying declarations in their respective proceedings. Further readings Adelkoff, Sherri K. 1998. "Dialing 'M' for Murder: Analyzing the Admissibility of the Telephone Dying Declaration." Duquesne Law Review 36 (spring): 545–61. Bernstein, Michelle A. 1997."Evidence—A Modern Application of Dying-Declaration Exception to Hearsay Rule." Suffolk University Law Review 30 (summer): 575–81. dying declaration n. the statement of a mortally injured person who is aware he/she is about to die, telling who caused the injury and possibly the circumstances ("Frankie shot me"). Although hearsay since the dead person cannot testify in person, it is admissible in homicide cases on the theory that a dying person has no reason not to tell the truth. dying declaration in the law of evidence, an exception to the hearsay rule in England whereby the oral or written statement of a dying person may be used in evidence at the trial of a person for his murder if he would have been a competent witness himself To be effective, the maker must have been in hopeless expectation of his death. Its basis is that the person being so near death is unlikely to lie when he is so soon to come before a higher authority.
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dying declaration

Dying Declaration

Further readings

dying declaration

dying declaration