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A Hearsay Exception For Physical Abuse, Karleen F. Murphy
A Hearsay Exception For Physical Abuse, Karleen F. Murphy
Golden Gate University Law Review
This Comment will trace the history of the hearsay rule under both common law and California law. It examines the early use of the common law state of mind hearsay exception regarding statements of fear and physical abuse. It will also discuss the enactment of the California Evidence Code (hereinafter "Code") and the later codification of the state of mind hearsay exception. In addition, it will examine People v. Ruiz, a case which applied the Code's state of mind hearsay exception to prohibit statements regarding the victims' fear of the defendant and the physical abuse which the defendant inflicted on …
Making The Crucial Connection: A Proposed Threat Hearsay Exception, Donna Meredith Matthews
Making The Crucial Connection: A Proposed Threat Hearsay Exception, Donna Meredith Matthews
Golden Gate University Law Review
This article discusses how courts admit and exclude threat hearsay in the domestic homicide context and suggests an approach for admission of such evidence. After analyzing the current evidentiary status of the victim's statements regarding threats in homicide cases in which an apparently abusive spouse/partner is accused, I argue for adoption of a new hearsay exception that permits systematic admission of victims' statements concerning threats and violence by the accused. The victim can no longer speak for herself because she has been killed, often because the law is apparently helpless to intervene on her behalf, even when asked. Consequently, the …