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I have an Engaging Case and am unsure if I can get in some testimony I would like to have. X worked with Y and Z to steal watches. Unbeknownst to X, Y and Z also worked with A and B to steal watches. A and B have confessed to stealing watches for Y and Z. Can A and B testify in X's trial as to their participation in thefts with Y and Z? Does it show modus operandi? | ||
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Is this a criminal organization? RULE 406. HABIT; ROUTINE PRACTICE Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. | |||
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Not sure. I am thinking it shows the modus operandi of the theft ring. Even though X did not know about the thefts committed by the others, they stole in a way that was similar to him and they worked with Y and Z as well. It seems to me that it lends credence to our theory of the case, but is it admissible?! | |||
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I am not qualified to know if this is applies: RULE 803. HEARSAY EXCEPTIONS;AVAILABILITY OF DECLARANT IMMATERIAL The following are not excluded by the hearsay rule, even though the declarant is available as a witness: [... snip ...] (24) Statement Against Interest. A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, or to make the declarant an object of hatred, ridicule, or disgrace, that a reasonable person in declarant's position would not have made the statement unless believing it to be true. In criminal cases, a statement tending to expose the declarant to criminal liability is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. | |||
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