Bar Exam — MBE (Multistate Bar Exam)EvidenceMedium
During a murder trial, the prosecution calls a police officer to testify. The officer states that, while investigating the crime scene, he found a note clutched in the victim's hand. The note, written in the victim's recognizable handwriting, read, 'I fear for my life. [Defendant's Name] has threatened to kill me.' The prosecution offers the note into evidence to prove that the defendant threatened the victim. Is the note admissible?
- AYes, because the note is a statement of the victim's then-existing state of mind.
- BYes, because the note is a dying declaration.
- CNo, because the note is irrelevant to the issue of whether the defendant made threats.
- DNo, because the note is hearsay and does not fall under any exception.
Show answer & explanationAnswer & explanation
Correct answer: A. Yes, because the note is a statement of the victim's then-existing state of mind.
The note expresses the victim's fear and identifies the defendant as the source of that fear. This falls under the state of mind exception to the hearsay rule, as it describes the victim's then-existing mental condition.
Why the other options are wrong
- B. A dying declaration requires the declarant to be aware of impending death, which is not stated here.
- C. The note is highly relevant as it bears directly on the victim's state of mind regarding the defendant's threats.
- D. While hearsay, it falls under a specific exception, making this option incorrect.
State of Mind Exception (FRE 803(3))
A statement of the declarant's then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health) is not excluded by the hearsay rule.
- Must describe a then-existing condition, not a past one.
- Can include motive, intent, plan, mental feeling, pain, or bodily health.
- Cannot be used to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
Memory trick: Many Exceptions Help Avoid Rules, Sometimes.