Statements by co-conspirators are statements made by one or more participants in a criminal conspiracy that can be used as evidence in a criminal trial. They are statements made to or overheard by one of the co-conspirators which can be used to prove the existence of a conspiracy and the participation of those involved. These statements can be made to other participants in the conspiracy, or to other people not involved in the conspiracy. The two main types of statements by co-conspirators are admissible and non-admissible. Admissible statements are those made during the course of the conspiracy and are considered to be reliable. Non-admissible statements are those made after the criminal conspiracy has been terminated and are not considered to be reliable. These statements may include verbal conversations, written letters or emails, text messages, or anything else that can be used as evidence in a criminal trial. They can be used to prove the existence of the conspiracy, the roles of the participants, and the actions taken by the participants.
STATEMENTS BY CO-CONSPIRATORS
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The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: (1) Present Sense Impression.(2) Excited Utterance.(3) Then-Existing Mental, Emotional, or Physical Condition.(4) Statement Made for Medical Diagnosis or Treatment.
802. In short, ?hearsay? is a statement made by a declarant, not while testifying at a current trial or hearing, offered by a party to prove the truth of the matter asserted in the statement.
13 If courts enforced the Confrontation Clause literally, they would exclude from evidence any hearsay statement made by a declarant who was not present or who did not testify at trial.
Evidence Code § 1200 is a California law that defines hearsay evidence as any statement by someone other than the witness who is testifying, and is offered to prove the truth of the matter asserted.
Rule 801 ? Definition of Hearsay. The following definitions apply under this Article: (a) Statement. - A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by him as an assertion.
Key Concepts. An admission by a party-opponent is an exception to the prohibition against hearsay evidence in Rule 801. The exception applies to the party's own statements and any statements that were authorized or adopted by the party as well as certain statements made by an agent or coconspirator of the party.
In United States law, a declaration (or statement) against interest is an exception to the rule on hearsay in which a person's statement may be used, where generally the content of the statement is so prejudicial to the person making it that they would not have made the statement unless they believed the statement was
In a legal context, conspiracy refers to an agreement by two or more people to commit a crime. In any of these cases, the people involved can be called conspirators. The word co-conspirator refers to a conspirator conspiring with one or more other conspirators in the same conspiracy.