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All statements made by a homicide victim who believes he/she is about to die are admissible under the Dying Declaration Exception to the Hearsay Rule.

a) Always admissible

b) Admissible only if recorded

c) Admissible only if made in the presence of family

d) Inadmissible unless corroborated

1 Answer

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Final answer:

The correct answer is 'a' - statements made by a homicide victim under the belief of impending death are always admissible under the Dying Declaration Exception, relating to the circumstances of their death. However, the actual admissibility may depend on factors like corroborating evidence and jurisdiction.

Step-by-step explanation:

The question pertains to the admissibility of statements under the Dying Declaration Exception to the Hearsay Rule. In law, hearsay is generally inadmissible because it does not allow for cross-examination. However, a statement made by a dying person who believes they are about to die, relevant to the cause or circumstances of their death, is an exception to this rule and may be accepted as a dying declaration.

Such statements are not always automatically admissible; they must be assessed for their reliability and relevancy to the case. For instance, the statement must have been made while the declarant was under the genuine belief of impending death, which impacts the decedent's perception of the situation, leading to the disclosure of the truth.

The correct answer to the question “All statements made by a homicide victim who believes he/she is about to die are admissible under the Dying Declaration Exception to the Hearsay Rule” would be option 'a' - Always admissible, as long as they pertain to the cause or circumstances of their death. However, admissibility can also depend on jurisdiction and the specifics of the situation, including the presence or absence of corroboration.

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