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- 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.
Admissibility of confessions
A business record must make in the general course of any business, where it was the
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