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Under what circumstance is a portion of a written or recorded statement admissible as a matter of fairness?

1 Answer

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Final answer:

A written or recorded statement may be partially admissible to ensure fairness when additional context is needed to clarify or complete previously introduced testimony. This is housed within the legal principle that the accused has the right to a fair trial, which includes confronting and cross-examining witnesses and evidence presented against them.

Step-by-step explanation:

A portion of a written or recorded statement is admissible as a matter of fairness under certain circumstances, such as when parts of the statement have been introduced that may be misleading or taken out of context. To preserve the fairness of the proceeding, additional parts of the same statement may be introduced to clarify or complete the prior testimony. This can occur, for example, if a defendant's previous statements are introduced by the prosecution to show an admission of guilt, the defense may be entitled to introduce other portions of the statement to provide context that may mitigate the defendant's apparent admission.

In the case where hearsay is usually inadmissible, exceptions like a dying declaration or an admission of guilt may allow for its inclusion, underpinning the legal system's efforts to maintain fairness. Further, the Sixth Amendment ensures the right to confront one's accuser, which implies that any evidence or witness testimony presented should be subject to cross-examination to ensure that the accused has a fair opportunity to challenge the evidence.

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