BY: Dr. Peter A. Barone, Esq.
There are other types of evidence
that are not admitted into hearings and trials even though it may have a
bearing on the case and that is if the evidence being presented is considered
to be unreliable. The types of evidence which are in this category are those of
opinion evidence and hearsay. Either one of these types of evidence would not
be allowed due to it being unreliable (McCormick, 1992).
EVIDENCE OF UNRELIABLE EVIDENCEAs an example of the type of evidence which could be relevant but would not be allowed in as being admissible evidence. If a shooting takes place on the street and law enforcement responds to do the investigation. During the investigation by the officer he or she speaks to an individual who was sitting in their car and had a perfect view of exactly what occurred during the shooting. Notwithstanding the information that can be provided by this particular witness the information is very relevant to the investigation; however, this information being presented by the police officer is going to be considered to be inadmissible because it is considered to be hearsay.
It violates the confrontation clause where the defendant has the right to confront witnesses against them and that would mean the defense would not get the chance to confront the actual witness who witnessed the event if the officer was allowed to testify. However, if the person that actually observed the actions comes forth and is presented as a witness then her testimony will be seen as being admissible and the right for the accused to confront the witnesses against them would be accomplished.
Hearsay Evidence
Hearsay evidence is evidence that is an out of court statement which is then made in court to prove the truth of the matter asserted. In other words, hearsay is evidence that was made by someone other than the witness while testifying at the hearing in question and that it offered to prove the truth of the matter asserted. Basically someone who was not there and did not hear or experience the event or conversation themselves but hear it from someone else and does not have their own observations or experiences to rely on for validity or veracity. This absolutely prevents the defendant from confronting or examining the person who says they were told about the event or comments. When this occurs valid confrontation cannot occur between the defendant and the witness conveying what they were told.
