Hearsay Evidence Analysis

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| Hearsay Testimony | By: Richelle WilliamsClass: Criminal Evidence—James AlexanderDate: February 16, 2014 | | Hearsay evidence refers to the kind of evidence the probative force of which depends in whole or in part on the competency and credibility of some persons other than the witness by whom it is sought to produce it. The testimony of a witness is regarded as hearsay when a witness testifies to the declarations of another for the purpose of proving the facts asserted by the other person. Hearsay evidence is normally excluded from a trial because it is deemed untrustworthy. Although hearsay is generally not admissible in court, there are certain statements that are accepted as not being hearsay, and there are statements…show more content…
She brought up another statement that the witness made to the police in the initial investigation. This is a hard one because there are times that people are in a state of shock and not thinking clearly so sometimes their statements might not be at 100%. Prior statement by witness are prior out-of-court statement by a person now available for cross-examination concerning it, under oath and in the presence of the trier of fact, should be classed as hearsay. If the Miss Maggie admits on the stand that she made the statement and that it was true, she adopts the statement and there is no hearsay problem. The hearsay problem arises when the witness on the stand denies having made the statement or admits having made it but denies its truth. Miss Maggie does not give a response but if she states that it was possible she said that then her testimony with the district attorney would not be considered…show more content…
The defense called to the stand Mr. Mickie. During his testimony he stated that Miss Maggie had heard another student say who placed the bomb on campus. This is where the DA would object to the testimony. The reasoning is because it is a classic hearsay statement. Mr. Mickie did not hear the defendant state that he was the one planted the bomb. Therefore his testimony is completely inadmissible. He had heard from someone else who heard from someone else. The only part that would be admissible would be that part of the testimony to where Miss Maggie “stared wide-eyed” and did not

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