What is Hearsay Evidence?
By: Dr. Peter A. Barone, Esq.
The credibility of any
witness's testimony depends upon three factors: (1) whether the witness
accurately perceived what he or she described; (2) whether the witness retained
an accurate memory of that perception; and (3) whether the witness's narration
accurately conveys that perception. In order to be allowed to testify, the
witness generally must take an oath, must be personally present at the trial,
and must be subjected to cross-examination. These conditions promote the
factors that lend themselves to the witness's credibility. The rule against Hearsay further
bolsters the oath, personal presence, and cross-examination requirements.
Hearsay is a statement, made out of court, offered in
court to prove the truth of the matter asserted. The statement may be oral or
written, or it may be nonverbal conduct intended as an assertion, such as
pointing to a crime suspect in a police line-up. The act of pointing in
response to a request for identification is the same as stating, "He did
it." Not all nonverbal conduct is intended as an assertion, of course.
EXAMPLE OF HEARSAY
As an example of Hearsay
a person usually opens an umbrella to stay dry, not to make the assertion,
"It is raining." Sometimes, statements made out of court are not hearsay
because they are not offered for the purpose of proving the truth of the matter
asserted. Reference
Hails, J. (2014). Criminal Evidence 8th ed. New York, NY: Cengage Publishing.
