Hearsay evidence

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HEARSAY EVIDENCE. The evidence of those who relate, not what they know themselves, but what they have heard from others.
     2. As a general rule, hearsay evidence of a fact is not admissible. If any fact is to be substantiated against a person, it ought to be proved in his presence by the testimony of a witness sworn or affirmed to speak the truth.
     3. There are, however, exceptions to the rule. 1. Hearsay is admissible when it is introduced, not as a medium of proof in order to establish a distinct fact, but as being in itself a part of the transaction in question, when it is a part of the res gestae. 1 Phil. Ev. 218; 4 Wash. C. C. R. 729; 14 Serg. & Rawle, 275; 21 How. St. Tr. 535; 6 East, 193.
     4.-2. What a witness swore on a former trial, between the same parties, and where the same point was in issue as in the second action, and he is since dead, what he swore to is in general, evidence. 2 Show. 47; 11 John. R. 446; 2 Hen. & Munf. 193; 17 John. R. 176; But see 14 Mass. 234; 2 Russ. on Cr. 683, and the notes.
     5.-3. The dying declarations of a person who has received a mortal injury, as to the fact itself, and the party by whom it was committed, are good evidence under certain circumstances. Vide Declarations, and 15 John. R. 286; 1 Phil. Ev. 215; 2 Russ. on Cr. 683.
     6.-4. In questions concerning public rights, common reputation is admitted to be evidence.
     7.-5. The declarations of deceased persons in cases where they appear to have been made against their interest, have been admitted.
     8.-6. Declarations in cases of birth and pedigree are also to be received in evidence.
     9.-7. Boundaries may be proved by hearsay evidence, but, it seems, it must amount to common tradition or repute. 6 Litt. 7; 6 Pet. 341; Cooke, R 142; 4 Dev. 342; 1 Hawks 45; 4 Hawks, 116; 4 Day, 265. See 3 Ham. 283; 3 Bouv. Inst. n. 3065, et seq. 10. There are perhaps a few more exceptions which will be found in the books referred to below. 2 Russ. on Cr. B. 6, c. 3; Phil. Ev. ch. 7, s. 7; 1 Stark. Ev. 40; Rosc. Cr. Ev. 20; Rosc. Civ. Ev. 19 to 24; Bac. Ab. Evidence, K; Dane's Ab. Index, h.t. Vide also, Dig. 39, 3, 2, 8; Id. 22, 3, 28. see Gresl. Eq. Ev. pt. 2, c. 3, s. 3, p. 218, for the rules in courts of equity, as to receiving hearsay evidence 20 Am. Jur. 68.

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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.

Less evidence, better knowledge

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".

Realizing the potential of the principled approach to evidence

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.

Say what? Confusion in the courts over what is the proper standard of review for hearsay rulings

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.

Opposing Mr. Big in principle

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.

The admissibility of expert opinion and the bases of expert opinion in sex offender civil management trials in New York

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.

Evidence rules in foreign courts

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.

Obama to restart Guantanamo trials

Had I included all the hearsay evidence I collected, the picture of Grant would have been even darker than the one I presented.

"George Grant and the Jews"

Here is an example: based on nothing but hearsay evidence, Pennsylvania "family" courts routinely remove children from their parents and award custody to grandparents.

Abusing parental rights

Protections like the rule against hearsay evidence are sometimes dismissed as ''technicalities,'' but they serve the vital purpose of protecting defendants' rights.

U.S. editorial excerpts -4-

It is true that hearsay evidence can be admitted in administrative hearings, but it has limited usefulness for the offering party.

Practice pointers for administrative hearings

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.