Read the following case problem. Then use the hearsay test and the evidentiary rules discussed in this Module to analyze the problems and to determine whether the evidence in each case is hearsay...
Read the following case problem. Then use the hearsay test and the evidentiary rules discussed in this Module to analyze the problems and to determine whether the evidence in each case is hearsay and whether it can be admitted. Provide your ruling and an explanation using the rules and the hearsay rule discussed in the Module.
Defendant is charged with falsely spreading a bomb threat at his school. At trial:
1) Prosecution offers a witness, Marge, who testifies that she was standing in the school hallway when she heard a student walking by say that a bomb had been planted and would go off at noon.
2) When the prosecution asks Marge on the stand if the person who made that statement is in the courtroom, she nods her head and points to the defendant.
3) Defense offers a prior statement given by Marge to police officers at the school that she did not clearly see who made the statement in the hallway about the bomb being planted.
4) Defense offers a witness, Sam, who testifies that he was in the school hallway when Marge turned to him and said that she had just heard a student say a bomb had been planted in the school.
5) Sam further testifies that when he asked Marge which student made the statement, Marge just "stared blankly, her jaw dropped, and she shook her head back and forth."