Establishment of the Hearsay Law

Hearsay Rule

What is the hearsay rule? Explain in detail

The hearsay rule is a rule that prohibits any out of court statements from been offered as evidence in a trial. Hearsay statements are not admitted as evidence, as there is no way for the other party to cross-examine the statement maker Morgan, 1920.

Hearsay is any statement made outside a trial and presented during the trial to prove the truth of the statements content. Secondhand information is considered unreliable, and there is no way that the person who made the original statement could be cross-examined. Any out of court statement is considered as hearsay if the parties are concerned with the truthfulness of the statement. The hearsay rule does not care if the statement was written, or oral, provided it comes from another person it is considered as hearsay.

What major cases were involved in the establishment of the hearsay rule? Summarize.

Sir Walter Raleigh was charged with treason after making a statement that was heard by a witness who repeated the statement to another individual. The English jurists because of this case developed the hearsay rule. The Mattox v. United States, 156 U.S. 237 case was decided under the hearsay rule. The testimony regarding the deaths of previous individuals was in question.

What is the rationale behind the rule? Explain

The rationale behind the law is that there is no way for the other party to cross-examine the declarant of the statement. There is no way for confirming if the statement made is true or not. This difficulty would make it difficult for a trial to conclude fairly. For as long as a witness is using hearsay to confirm a truth regarding a statement and the person claimed to make the statement is not available, then the hearsay cannot be considered as evidence. There is also no way for the other party to confirm that the declarant actually made the statement. This makes the sincerity of the statement be questioned.

What issues exist regarding the hearsay rule? Explain

The major issues regarding the hearsay rule involve how it will impact the fairness of a trial. Another issue revolves around the failure of scholars to properly define and make decisions. With the advancement in technology, more issues have arisen that need examination and determination on how they might relate to hearsay.

What are the four main dangers of hearsay? Explain in detail

Research has indicated that the four main danger of hearsay are ambiguity, insincerity, inaccuracy, and perception. Ambiguity is a situation where something could be understood in many ways, and the intended meaning is not clear. Insincerity meaning hypocritical does not demonstrate the truth of the matter. It is not easy to establish if the witness providing the hearsay is sincere or not, especially if the person been quoted is not available. Inaccuracy of the witness's memory could result in errors of presentation of false information. Perception involves the determination of a statement. This means establishing if the communication been presented is a statement. The person who made the initial statement is not available in court, therefore, the court relies on circumstantial evidence in regards to the declarant's intent.

What are the hearsay exceptions? Explain

The exceptions to hearsay are excited utterance, which are statements made when the declarant was over excited because of a condition or event Orenstein, 1997.

Present sense impression implies that the statement is explaining a circumstance or incident immediately after it occurred. A record made when the witness was of sound memory, but they now have inadequate memory, which denies the witness an opportunity to fully testify. Business records are exceptions of the hearsay rule, and public records that pertain to reports, proceedings or statements of any form.