Which statement about the admissibility of a dying declaration is true?

Which statement about the admissibility of a dying declaration is true?

• A. It may be admitted as evidence under the applicable hearsay rules.
• B. It must be sworn to be admissible.
• C. It requires the declarant to be physically present at trial.
• D. It is only admissible if declared under oath.

Answer: (A)

Dying declarations are treated as an exception to the hearsay rule. Because the declarant believes death is imminent and the statement concerns the cause or circumstances of that anticipated death, the statement may be admitted as evidence under the applicable hearsay rules. This reflects the idea that statements made under the pressure of near-certain death are trustworthy enough to be considered despite being out-of-court. The declaration does not have to be sworn or given in court, and the declarant does not have to be physically present at trial in every situation (though some jurisdictions require the declarant to be unavailable). So, admitting a dying declaration under the hearsay exception is correct; the other options add requirements (sworn testimony, present at trial, oath) that aren’t generally required.

Dying declarations are treated as an exception to the hearsay rule. Because the declarant believes death is imminent and the statement concerns the cause or circumstances of that anticipated death, the statement may be admitted as evidence under the applicable hearsay rules. This reflects the idea that statements made under the pressure of near-certain death are trustworthy enough to be considered despite being out-of-court. The declaration does not have to be sworn or given in court, and the declarant does not have to be physically present at trial in every situation (though some jurisdictions require the declarant to be unavailable). So, admitting a dying declaration under the hearsay exception is correct; the other options add requirements (sworn testimony, present at trial, oath) that aren’t generally required.