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- Driver_hearing abstract "A Driver hearing is an evidentiary hearing that a New Jersey court must conduct before admitting a sound recording into evidence. In State v. Driver, 38 N.J. 255 (1962), the New Jersey Supreme Court held that any sound recording offered into evidence at trial must be competent and relevant. In resolving such disputed questions, the court should determine that the speakers on the recording are identified, and that: the device was capable of taking the conversation or statement; its operator was competent; the recording is authentic and correct; no changes, additions or deletions have been made; and the statements, if confessions, are voluntary.The Driver court also instructed that trial judges \"should listen to the recording out of the presence of the jury before allowing it to be used\" in order to determine that the recording is \"sufficiently audible, intelligible, not obviously fragmented, and... whether it contains any improper and prejudicial matter which ought to be deleted.\" In Driver, the Court overturned the defendant's murder conviction because the taped recording played for the jury was so garbled and unclear that the trial judge instructed the jury, \"[i]f you can't hear it, you can't hear it. Inaudible.\"The Court found that \"[b]asic fairness demanded [the tape's] exclusion.\" The New Jersey Appellate Court clarified some nuances of the Driver decision vis-a-vis that a Driver hearing is not a strict requirement in all cases where sound recordings are offered as evidence. Rather, a defendant may waive a Driver hearing.Moreover, a trial judge has wide discretion in applying the requirements of Driver. In State v. Zicarelli, 122 N.J. Super. 225, 238-240 (App. Div.), cert. denied, 414 U.S. 875, 94 S. Ct. 71, 38 L. Ed. 2d 120 (1973), the New Jersey Appellate Division held that, even when part of a tape is inaudible, it is within the judge's discretion to admit the portions that are audible and relevant: \"[I]f a tape is partially intelligible and has a probative value, it is admissible even though substantial portions thereof are inaudible.\"".
- Driver_hearing wikiPageExternalLink 38-n-j-255-0.html.
- Driver_hearing wikiPageID "7545569".
- Driver_hearing wikiPageLength "3178".
- Driver_hearing wikiPageOutDegree "12".
- Driver_hearing wikiPageRevisionID "679693356".
- Driver_hearing wikiPageWikiLink Appellate_court.
- Driver_hearing wikiPageWikiLink Category:New_Jersey_state_case_law.
- Driver_hearing wikiPageWikiLink Competence_(law).
- Driver_hearing wikiPageWikiLink Confession.
- Driver_hearing wikiPageWikiLink Defendant.
- Driver_hearing wikiPageWikiLink Discretion.
- Driver_hearing wikiPageWikiLink Hearing.
- Driver_hearing wikiPageWikiLink New_Jersey.
- Driver_hearing wikiPageWikiLink Relevance_(law).
- Driver_hearing wikiPageWikiLink Sound_recording_and_reproduction.
- Driver_hearing wikiPageWikiLink Supreme_Court_of_New_Jersey.
- Driver_hearing wikiPageWikiLink Trial_court.
- Driver_hearing wikiPageWikiLinkText "Driver hearing".
- Driver_hearing wikiPageUsesTemplate Template:Afd-merge_to.
- Driver_hearing wikiPageUsesTemplate Template:Citation_style.
- Driver_hearing wikiPageUsesTemplate Template:Multiple_issues.
- Driver_hearing wikiPageUsesTemplate Template:Notability.
- Driver_hearing wikiPageUsesTemplate Template:Orphan.
- Driver_hearing wikiPageUsesTemplate Template:Primary_sources.
- Driver_hearing wikiPageUsesTemplate Template:Reflist.
- Driver_hearing subject Category:New_Jersey_state_case_law.
- Driver_hearing hypernym Hearing.
- Driver_hearing type Disease.
- Driver_hearing type Redirect.
- Driver_hearing comment "A Driver hearing is an evidentiary hearing that a New Jersey court must conduct before admitting a sound recording into evidence. In State v. Driver, 38 N.J. 255 (1962), the New Jersey Supreme Court held that any sound recording offered into evidence at trial must be competent and relevant.".
- Driver_hearing label "Driver hearing".
- Driver_hearing sameAs Q5308015.
- Driver_hearing sameAs m.02650q_.
- Driver_hearing sameAs Q5308015.
- Driver_hearing wasDerivedFrom Driver_hearing?oldid=679693356.
- Driver_hearing isPrimaryTopicOf Driver_hearing.