Reference no: EM132709107

1. Hearsay is a statement that offers evidence that proves the truth of the matter in a statement this is besides any statements made by declarant during testifying at trial (Hail, 2014). Hearsay evidence may be deemed inadmissible in a criminal proceeding if a statute or rule does not prove otherwise. For example if Joey is on trial and his friend Brian stands outside the court room stating exactly how Joey is guilty this is hearsay. This evidence would be secondhand and deemed inadmissible which means it serves no use to the trial or court whether this information is true or false. Another form of inadmissible hearsay would be a witness stating her testimony and someone from outside of the court room stating a testimony. This would be inadmissible whether the information is true or false due to them not being an actual witness to the case.

2. Hearsay is a statement that the declarant does not make while testifying at the current trial or hearing; and the party offers evidence to prove the truth of the matter asserted in the statement (Hails, 2018). The rule against using hearsay evidence is to prevent out-of-court, second-hand statements from being used as evidence at trial, given their potential unreliability (FindLaw's Team, 2019). Hearsay evidence may be deemed inadmissible. For example, a couple in Jane's job is going through a divorce. Jane heard a rumor from her coworkers that Joe was unfaithful to his wife but did not have evidence that Joe was unfaithful to his wife. Jane did not observe Joe cheating, nor did Joe tell Jane he was cheating, therefore not having direct knowledge of the affair. Jane would not be able to testify during the divorce proceeding about Joe being unfaithful. Another example, Angel is a witness for a murder trial. Being the first witness, Angel testifies that Liz told him that she saw the defendant kill the case's victim. Liz did not testify at the trial. The statement that Angel made was to show that the defendant killed the victim. It would be considered inadmissible hearsay evidence.

3. Hearsay is when a witness is reciting an out-of-court statement to prove the truth of the issue asserted. For example, a law enforcement officer can be called to stand to verify what the witness said during the interrogation. Hearsay evidence may be inadmissible in a criminal proceeding for many reasons. The first reason being if the witness clearly shows signs that they are mentally or emotionally unstable to make a statement. This is inadmissible because it is not reliable that the statement the witness gives is valid. The second reason is if the witness changes their alibi or the sequence of events when the crime occurred. If the witness keeps changing the story it is not reliable, it just proves that the witness is a liar.

4. Hearsay is a statement which is made outside of the courtroom, brought up in an attempt to prove its assertion. For example, if Johnny testifies in a court of law that he heard his friend Logan tell him that he witnessed a murder carried out by the defendant, but the Logan is not at the trial, this statement is considered hearsay. Because the statement being discussed is made by someone from outside of a courtroom. Another example would be a similar situation in which Johnny testifies the same as he did the first time, but Logan is actually able to testify at the trials. In this situation, the hearsay is admissible.

5. Hearsay is information received from other people that one cannot adequately confirm. From a legal standpoint, it is testimony from a witness under oath who is reciting an out-of-court statement which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible unless an exception applies.

For example, to prove that Tom was in town, the attorney asks a witness, "What did Susan tell you about Tom being in town?" Since the witness's answer will rely on an out-of-court statement that Susan made, if Susan is unavailable for cross examination, the answer is hearsay. Note, however, that if the attorney asking the same question is not trying to prove the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. If you're facing a criminal trial, there may be several pieces of evidence that the government is relying on for their case. However, that doesn't mean that the evidence is admissible in court. A skilled criminal defense attorney can challenge questionable evidence, such as hearsay statements, and help you prepare your strongest defense.