A man is on trial for assault. The prosecution seeks to admit a statement made by the victim to a bystander shortly after the alleged incident. The victim told the bystander, 'My arm is in pain and I'm having trouble breathing.' Is the victim's statement admissible under an exception to the hearsay rule?
Yes, because the statement was made close in time to the event, making it intrinsically credible.
No, because the victim’s statement was not given under oath.
No, because the victim made the statement to a bystander rather than an authority figure.
Yes, because the statement relates to the victim's current physical symptoms.
The victim’s statement is admissible as an exception to the hearsay rule because it relates to their present physical condition FRE 803(3). Statements describing current physical symptoms, such as pain or difficulty breathing, are admissible under this exception due to their reliability when spontaneously made. The other options are incorrect because they either misunderstand the hearsay exception for physical conditions or misstate other legal requirements such as being under oath or speaking to a specific individual.
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