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Source Mens Rea Complete Criminal Law List Showing the closest available flashcard practice.

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0 tracked cards Evidence

In a robbery trial, the government offers testimony that, moments before Defendant ran from an alley, an unidentified voice shouted, "Hide the bag under the dumpster!" The government offers the words to explain why Defendant immediately put a bag under the dumpster, not to prove that the bag was in fact hidden under the dumpster. Defendant objects on hearsay grounds.
How should the court rule?

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The command is inadmissible because it was not under oath. The command is admissible only if the speaker is unavailable. The command is not hearsay if it is offered to show that the listener received an instruction and then acted, rather than to prove the truth of an asserted fact. The command is hearsay because it was spoken outside court.

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