17. WRITTEN RECORDS EXCEPTIONS

 

There are lots of exceptions for written records contained in 803(5) through 803(18). The two most important are 803(6), business records, and 803(8) public records. They are not mutually exclusive. A police report prepared by an officer in the course of his job might be admissible as either a business record or a public record, if you can lay the foundation. Indeed, if you are suing the police for violating your client's civil rights, the report may also be the statement of the opposing party. The hearsay exceptions overlap.

Start with problem 17A.

The prosecutor objects to the defendant's offer into evidence of a drug dealer’s extortion diary in which she kept detailed records of her demands and payments, on the grounds that it is hearsay. Is it a business record?

If the prosecutor argues that this diary cannot be a business record because drug dealing and extortion are illegal, so that this is not a legitimate business within the meaning of Rule 803(6). How should the defense attorney respond? When you have decided, click here.