Illinois Criminal Evidentiary Rules: Hearsay Rule 804

Illinois has finally adopted formal rules of evidence. Despite the declared intentions of the drafters, these rules do not fully harmonize with Illinois’ common law of evidence and the ad hoc modifications of those rules enacted by the legislature over the years. In Part 5 of his 7-part series entitled "Old Wine in a New Bottle: Illinois Law of Evidence and New Rules of Evidence for Criminal Defense," attorney Stephen L. Richards discusses the rules and case law governing the admission and exclusion of hearsay, focusing on exceptions based on declarant unavailability or prior inconsistent statements. Specific focus areas include definitions of unavailability, former testimony, dying declarations, and statements against interest. 

Learning Objectives: 

I. Discuss the rules and case law governing the admission and exclusion of hearsay exceptions, focusing on topics such as:

• Declarant unavailability
• Prior inconsistent statements 

II. Define unavailability, former testimony, dying declarations, and statements against interest