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That is, while the judge makes admissibility determinations based on the reliability and probative versus prejudicial value of the hearsay evidence, she is not directed to make that determination based on any considerations of what the hearsay evidence does to the epistemic context of the trial as a whole.
In determining the admissibility of hearsay evidence, it is well established that the trier of law decides only whether the evidence meets a criterion of "threshold reliability".
For example, in the 1980's the Supreme Court applied two different standards of review to a finding of admissibility of hearsay evidence under the existing mental, emotional, or physical condition.
Big confession goes against the accused's interests as an admission is sufficient and conclusive on the issue of threshold reliability without going any further, or to conclude that there is no need to engage in a voluntariness analysis under the confessions rule simply because the accused is unaware that he is speaking to undercover officers, seems reminiscent of the rigid and technical approach to hearsay evidence that the principled approach was meant to depart from.
States that have not adopted Uniform Rule 703 also vary in their approaches to the admissibility of expert testimony based on out-of-court material and the admissibility of the bases of such opinions in sex offender civil commitment cases in their states: Although Wisconsin requires that a court balance whether the probative value of the evidence is outweighed by its prejudicial effect (206) before inadmissible evidence upon which an expert relies may be disclosed to a jury, in sexual predator cases it appears that Wisconsin courts have been lenient in permitting hearsay evidence to reach the trier of fact on the basis that such information is admissible, not for its truth, but to show the data upon which the expert relied.
He confined himself to repeating his general injunction against treating the hearsay evidence of those two witnesses as evidence of the truth of [V's] assertions.
New legal safeguards would be introduced to the system, including a ban on hearsay evidence and evidence obtained by using torture practices, such as waterboarding, the officials said.
Had I included all the hearsay evidence I collected, the picture of Grant would have been even darker than the one I presented.
Here is an example: based on nothing but hearsay evidence, Pennsylvania "family" courts routinely remove children from their parents and award custody to grandparents.
Protections like the rule against hearsay evidence are sometimes dismissed as ''technicalities,'' but they serve the vital purpose of protecting defendants' rights.
It is true that hearsay evidence can be admitted in administrative hearings, but it has limited usefulness for the offering party.
One example of judge-made law which generally is of great use to the Crown and of little or no benefit to an accused is in the area of hearsay evidence and the ability of the Crown to prove its case even without calling witnesses whose testimony might in earlier days have been considered crucial.