[PDF] Dying Declarations eBook

Author : Jewel E. Welch
Publisher :
Page : 62 pages
File Size : 21,78 MB
Release : 2009
Category : Electronic books
ISBN :

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In evidence, the hearsay rule prohibits statements from being admitted at trial to prove the truth of events asserted when the declaring party is not available for testimony; however, there are exceptions to this rule, including the dying declaration exception. The dying declaration exception allows statements made by a deceased person to be admitted into evidence if the statement is made with the belief that death is imminent (the imminence requirement) and if it concerns the cause or circumstances that led to the person's death (the content requirement). Initially, this exception was only used in murder cases; however, in many jurisdictions the exception has extended to civil cases. Recently, some courts have used this exception when deciding whether statements made in a suicide note should be admitted into evidence. This thesis examines what role suicide notes should have within this exception, and if suicide, despite its contemplative nature, can meet the imminence requirement and the content requirement of dying declarations. Based on my research, I have concluded that under certain circumstances, a suicide note can meet both requirements, and therefore, fit within the dying declaration exception.

Author : David B Resnik
Publisher : Routledge
Page : 102 pages
File Size : 23,26 MB
Release : 2020-07-24
Category : Medical
ISBN : 1000156834

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“Death strips away all of the superficial and mundane details of living and leaves behind life’s bare essentials.” Death is inevitable in life. It knows no boundaries. It knows no skin color, no financial or social standing. It knows nothing but itself. The paradox of Dying Declarations: Notes from a Hospice Volunteer is in its warm affirmation of life through the ’dying declarations’ of patients who are peering into the cold face of death. The author reveals personal experiences about life, death, and the courage to strip away the unimportant aspects of life to make way for a clearer understanding on just what is truly important. Simple, moving stories invigorate and spark insights—while discussing all aspects of hospice volunteering. “By facing death on a regular basis, one can no longer maintain a tight grip on the masks, games, and trivialities that one uses to hide from truth. The person who looks death in the eye becomes more honest, grateful, compassionate, and humble.” In Dying Declarations: Notes from a Hospice Volunteer, the author shares his experiences and the lessons he learned from the dying while working as a hospice volunteer. The stories, rather than being sad and depressing, present the author’s hospice experience as being some of the most personally uplifting and enriching experiences of his life. In Dying Declarations: Notes from a Hospice Volunteer you will learn: about training for hospice work why hospice volunteers are at times more beneficial to the well-being of dying patients than family, clergy, or medical personnel the three basic tasks for a hospice volunteer how children and dogs can be beneficial for patients the impact that a dying patient can have on the life of a hospice volunteer words of wisdom about living life, directly from hospice patients Dying Declarations: Notes from a Hospice Volunteer will inspire and enlighten hospice volunteers, nurses, physicians, clergy, social workers or anyone who works for hospice or provides end-of-life care.

Author : Aditi Agarwal
Publisher :
Page : 12 pages
File Size : 34,3 MB
Release : 2020
Category :
ISBN :

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Dying declaration as an exception to the hearsay rule finds its basis in the “legal maxim nemo moriturus praesumitur mentire” which means “a man will not meet his Maker with a lie in his mouth.” Apart from evident religious underpinnings, the rationale suggests that “the last moments” of a person “are attended by an involuntary desire to unburden the conscience.” Under common law, “a dying declaration is a statement made by a declarant,” relating “to what the declarant believed to be the cause or circumstances of his impending death.” “While the original religious justification for the exception may have lost its conviction for some persons over the years, it can scarcely be doubted that powerful psychological pressures are present.” This research paper aims to deliver a comparative analysis of three common law jurisdictions, namely, India, the U.S., and the U.K., regarding the admissibility and evidentiary value of dying declarations in the legal system. The scope for studying admissibility has been limited to the nature of proceedings, the death of the declarant, the expectation of death, and the cause or circumstances resulting in declarant's death.

Author :
Publisher :
Page : 1144 pages
File Size : 25,39 MB
Release : 1912
Category : Law reports, digests, etc
ISBN :

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Containing all decisions of general interest decided in the courts of last resort of the several states [1869-1887].