Funeral Practices

dennishoddy · Oct 22, 2018

Dave70968 said:
I don't know, but her statements are evidence. Under the Federal Rules of Evidence, Rule 801, a party-opponent's own statements are excluded from the definition of hearsay (most states have their own rules that closely track the federal rules).

That particular rule is nicknamed the "rough justice" rule; if you don't want it used against you, you shouldn't have said it!

So you can say you killed someone that is dead and you really didn't, and you can be prosecuted for your comments?
Hearsay is a dangerous thing to use to prove guilt is it not?
I actually beat a case against me in court for having loud pipes on my vehicle. Officer said I violated noise standards for the community in his opinion when he was parked over 100 yards away in a rural area. If I had not contested it, his opinion was law?
I showed up in court with the federal standards for noise pollution and a decimeter to measure my exhaust volume level at the judges discretion.
He found me guilty on the officers charge and fined me $50. Then told me to not leave the court.
at the end of the session, he went with me and the court clerk to the parking lot where I started up my vehicle in the middle of town between buildings, while measuring the level of noise at 20 feet vs the 100 yards the officer said in a rural setting. Passed with room to spare.
The judge told the court clerk to dismiss the fine, but still had a guilty judgement on my record, which really didn't count for anything pointwise, but it still pis$ed me off because I was innocent by evidence yet found guilty by hearsay.

Dave70968 · Oct 22, 2018

You can be prosecuted for anything at any time; whether there's a winning case is another matter.

Your statement is admissible, and (by definition under Rule 801) not considered hearsay. There are reasons for that I'll be happy to explain, but not tonight. There are also things that are hearsay, but still considered admissible (Rule 803). Again, I'll explain tomorrow, but if you're interested, the entire Federal Rules of Evidence are available at https://www.law.cornell.edu/rules/fre , including the Advisory Committee's notes from the drafting of the Rules.

dennishoddy · Oct 22, 2018

Dave70968 said:
You can be prosecuted for anything at any time; whether there's a winning case is another matter.

Your statement is admissible, and (by definition under Rule 801) not considered hearsay. There are reasons for that I'll be happy to explain, but not tonight. There are also things that are hearsay, but still considered admissible (Rule 803). Again, I'll explain tomorrow, but if you're interested, the entire Federal Rules of Evidence are available at https://www.law.cornell.edu/rules/fre , including the Advisory Committee's notes from the drafting of the Rules.

Not sure I'll have time this year to read all the statutes and apply them to the brain, but was just rolling on your comments of rough law.
I understand, but do disagree with being able to be prosecuted for anything at any time. You should only be prosecuted when circumstances produce a preponderance of evidence to make a prosecution in the interest of the community, not just because of hearsay.
Prosecution for anything at any time brings back nightmares of Joyce Gilchrist and Bob Macy.
I was lectured by a judge one time on a traffic incident when I stated I didn't know the law existed about parking in some restricted area when it wasn't actually posted a restricted area. (loading zone) He told me I was responsible to know the law.
My response was to ask him to recite all the Oklahoma traffic laws from memory before me in court and if he couldn't, I should be found not guilty.
He got a little pissy at that point in time, but dismissed it.
Municipal judges leave a lot to be desired, but I guess it's training ground for higher office.

Fyrtwuck · Oct 23, 2018

A funeral practice that I saw several times while growing up in the SE part of the country that I haven’t seen here was to have the the viewing before the funeral at the family’s house. Usually in the living room or great room as they called it. Instead of viewing at a funeral home, a hearse would deliver the deceased in the casket every day before the funeral. All the family would meet at the home, eat and share memories and get reacquainted.

John6185 · Oct 24, 2018

Fyrtwuck said:
A funeral practice that I saw several times while growing up in the SE part of the country that I haven’t seen here was to have the the viewing before the funeral at the family’s house. Usually in the living room or great room as they called it. Instead of viewing at a funeral home, a hearse would deliver the deceased in the casket every day before the funeral. All the family would meet at the home, eat and share memories and get reacquainted.

To those of us in OK this would be mighty strange but norm n some culltures-even in the US. In Kentucky when they bury someone they have what is called a wake. That's odd because they sure can't wake the dead. But they'll meet and exchange stories for hours on end, sing songs, talk until the Funeral Director gets tired of the activity and asks them to shut it down. For some folks that's normal but in OK they want to get to get it over and go home or do something more enjoyable...like change clothes into jeans or something more comfortable.
One day I may ride in a Cadillac Station Wagon but not today.

Funeral Practices

dennishoddy

Sharpshooter

Dave70968

Sharpshooter

dennishoddy

Sharpshooter

Fyrtwuck

Sharpshooter

John6185

Sharpshooter

Similar threads

Latest posts

Funeral Practices

dennishoddy

Sharpshooter

Dave70968

Sharpshooter

dennishoddy

Sharpshooter

Fyrtwuck

Sharpshooter

John6185

Sharpshooter

Similar threads

Latest posts

Join the conversation!

Join today and get all the highlights of this community direct to your inbox. It's FREE!