ASIS International (ASIS) Professional Certified Investigator Practice Exam

Which scenario represents the third exception to the hearsay rule?

1. Court transcript when a witness dies

2. Dying declaration

3. Spontaneous outburst

4. Indirect testimony

The correct answer is: Court transcript when a witness dies

The third exception to the hearsay rule is represented by the scenario where a witness has died, and their prior statements are recorded in a court transcript. This exception recognizes the necessity of allowing certain hearsay evidence to be admissible in court when a witness is unavailable, which is a crucial factor in ensuring that justice can still be served. The rationale behind allowing the court transcript is that it reflects testimony that has been subjected to the rigors of cross-examination, making it more reliable than informal hearsay statements. In this context, the court transcript is considered a reliable source because it was documented under the oath of the witness while they were alive, providing a formalized version of their testimony that the court can evaluate. The exception helps preserve the integrity of legal proceedings by allowing integral testimonies to be heard even when the witnesses cannot be present to testify themselves. The other options represent different exceptions to the hearsay rule, but they do not specifically apply to the situation of a witness's prior testimony being recorded and utilized after their death. For instance, dying declarations pertain to statements made by a dying person regarding the cause of their impending death, while spontaneous outbursts refer to statements made in the heat of the moment without premeditation.