Description
An out of court statement being offered in court to prove the matter of the truth of the matter asserted.
Policy and Purpose
Prevents a witness from giving unreliable and possibly false testimony from someone who might not be
Examples
What did Molly say to Laura during lunch?”(In this case, the attorney is questioning a witness about a conversation other people had, which is objectionable)
What did Sonny Rawlings talk to you about during the Monday Mixer?”(In this case, the attorney is questioning the witness about what something someone else said, which is objectionable)
Did Michael Scott say anything to Dwight about the Foreman Grill incident?”(In this case, the attorney is questioning a witness about a conversation other people had, which is objectionable)
Iconic Hearsay Case – IDAHO V. WRIGHT.
IDAHO, PETITIONER V. LAURA LEE WRIGHT [June 27, 1990]
This case deals with the issue of whether or not the sixth amendment right is infringed upon when the court admits a minor’s statements into evidence under a hearsay exception. In which case, the child could not testify. The defendant, who stands trial before the jury, (a group of one’s fellow peers) is accused of abusing the child. The child’s statements bear “particularized guarantees of trustworthiness.” The Court’s ultimate verdict and or determination on this matter at hand that “the statements in question here must be inadmissible as violative of the Confrontation Clause.” according to the source law.cornell.edu. Therefore, this shows the importance of the hearsay rule in a trial, that one must be present to testify to ensure the information is relayed correctly through their perspective.
Information and text submitted by Emma
Federal and Georgia Mock Trial Rule of Evidence
Article VIII. Hearsay
Rule 802. The Rule Against Hearsay
Hearsay is not admissible unless any of the following provides otherwise:
- a federal statute;
- these rules; or
- other rules prescribed by the Supreme Court.