What four reasons are advanced as to why hearsay evidence should not be admitted? What is the supporting rationale for allowing some hearsay evidence to be admitted?

Question

Quizplus · Accepted Answer

The Answer is There are four main reasons advanced as to why hearsay evidence should not be admitted in court.

Firstly, hearsay evidence is considered to be less reliable than direct evidence, as it is based on the out-of-court statements of a third party rather than the firsthand knowledge of the witness. This can lead to inaccuracies and misunderstandings.

Secondly, hearsay evidence can be easily manipulated or fabricated, as it relies on the credibility and memory of the original declarant, who may not be present in court to be cross-examined.

Thirdly, admitting hearsay evidence can violate the defendant's right to confront and cross-examine witnesses, as guaranteed by the Sixth Amendment of the U.S. Constitution. Allowing hearsay evidence to be admitted may deny the defendant the opportunity to challenge the accuracy and credibility of the statements.

Lastly, hearsay evidence can be prejudicial, as it may influence the jury based on the out-of-court statements of individuals who are not subject to cross-examination.

However, there are certain circumstances in which hearsay evidence may be admitted. The supporting rationale for allowing some hearsay evidence to be admitted is that it can be necessary and reliable in certain situations, such as when the original declarant is unavailable to testify in court due to death, illness, or other reasons. In such cases, the hearsay evidence may be the only way to present crucial information to the court. Additionally, there are exceptions to the hearsay rule, such as statements made under belief of impending death or statements against interest, which are considered to be inherently trustworthy and reliable. Therefore, in these specific circumstances, hearsay evidence may be deemed admissible in court.

What Four Reasons Are Advanced as to Why Hearsay Evidence