Utah Special Function Officer (SFO) Practice Exam

Who is considered unavailable if a hearsay exception for former testimony is invoked?

1. A minor child

2. A retired officer

3. A deceased individual

4. A prisoner

The correct answer is: A deceased individual

The correct choice indicates that a deceased individual is considered unavailable when a hearsay exception for former testimony is invoked. In legal contexts, particularly in trials, the rules surrounding hearsay are designed to ensure that only reliable evidence is presented to the court. One such exception allows for the admission of former testimony, which means that if a witness has previously testified in a different proceeding, that testimony can sometimes be used in a current case if the witness is unavailable to testify again. A deceased individual is clearly considered unavailable because they are no longer alive to provide testimony in any form. Their prior statements may be allowed into evidence under the former testimony exception, given that they would have been subject to cross-examination when they originally testified. This concept rests on the idea that their former testimony, as long as it meets other criteria, can provide a reliable account of their observations, especially in cases where that individual has passed away since their last testimony. In contrast, other categories such as a minor child, a retired officer, or a prisoner may not meet the unavailability requirement. A minor child might still be deemed available to testify depending on circumstances, while a retired officer and a prisoner may both be accessible to testify either by choice or through orders of the court. These distinctions