ASIS International (ASIS) Professional Certified Investigator Practice Exam

According to Florida v. Weir, under what circumstance are deathbed confessions considered?

1. Always inadmissible

2. Admissible as hearsay

3. Only admissible if recorded

4. Only admissible with witnesses

The correct answer is: Admissible as hearsay

Deathbed confessions are treated as statements made under the belief of imminent death and are classified as a type of exception to the hearsay rule. In the context of Florida v. Weir, these confessions can be admitted as evidence because they are deemed to carry a certain level of reliability. The rationale behind allowing such confessions is that individuals close to death often feel an urgent need to tell the truth, leading to a belief that their statements carry authenticity. This legal principle acknowledges that the circumstances under which the confession is made—the impending death—can provide sufficient guarantees of trustworthiness. While there are procedural and evidential considerations regarding how to document or support these confessions, the key takeaway is that deathbed confessions are specifically recognized within the legal framework as admissible hearsay, provided they meet certain criteria of immediacy and necessity.