| Chapters 7 & 8 | Hearsay Rule and Child Abuse | Acquis Pittman5/25/2013 | | | | In chapter seven‚ we read about the use of hearsay in the courtroom. What is conspiracy? Conspiracy is an agreement by two or more people to commit an illegal act (Anderson & Gardner‚ 2013‚ p. 179). Most people now days would rather pay someone to commit the crime for them‚ so that it won’t come back on them‚ but that doesn’t work. What is hearsay? Hearsay is the second-hand testimony;
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Hearsay 1. General Rule What is the hearsay rule? s 59 (1) UEL: Evidence of a previous representation (which the Acts define as a representation made otherwise than in the course of giving evidence in the current proceedings) made by a person is not admissible to prove the existence of a fact that the person intended to assert by the representation. S59 (2): Such a fact in this Part referred to as an asserted fact. The CL definition differs from that given in the uniform Evidence Acts.
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1. Hearsay evidence rule in Malaysia The general hearsay rule is that a statement made by a person not called as a witness is inadmissible to prove the truth of the facts stated and extends to oral evidence as to statements in documents.1 Where oral evidence is relied on‚ it must be direct in all cases.2 Section 603 has thus codified the rule against hearsay evidence. “Hearsay” does not mean that no witness can be allowed to depose anything which he has heard said by anyone else.4 It is secondary
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1. Explain why the Hearsay Rule was developed and why the admission of hearsay in a criminal trial may violate the defendant’s Sixth Amendment rights. a. Hearsay is an out of court statement offered in court to prove the truth of the matter asserted. The Hearsay Rule was developed in order to prevent unreliable testimony from being admitted in court and misleading the jury. Hearsay was considered unreliable because it was not given under oath‚ cannot be heard and observed by the jury‚ and cannot
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The general rule at common law is that hearsay evidence is inadmissible unless it falls within a common law or statutory exception. The rationale behind this exclusionary rule is that out of court statements made by others cannot be tested in court by cross-examination to see if they are true or not Hearsay evidence is renowned as one of the most difficult areas as of law to pigeon hole and define. It has been widely interpreted and reinterpreted by the courts. A useful starting point is the definition
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Hearsay and Confrontation Clause Analysis The word hearsay in matters of the law takes on a different and complicated definition compared to the use of the word in everyday language. In matters of the law‚ the definition of hearsay is rather technical‚ and is defined by the Federal Rules of Evidence as “a statement that (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement.”
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Exception of Hearsay Evidence under S. 73A of the Evidence Act Hearsay can be defined as the information gathered by one person from another person concerning some event‚ condition‚ or thing of which the first person had no direct experience. When submitted as evidence‚ such statements are called hearsay evidence. Hearsay evidence is generally not accepted in court. The general rule is that all relevant evidence are prima facie admissible‚ except for hearsay and opinion. However‚ under the Evidence
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1.1 Background: In very common terms‚ hearsay does mean statements or any gossips that one hears from the other source but is not sure whether it is true. However in legal sense it holds rather broader technical sense.1 Hearsay in legal sense is taken as evidence provided by the third party.2 That is to say‚ hearsay evidence is supplied by a person who has not witnessed the incidence directly with his or her own senses. To cite few examples of hearsay evidence‚ A stabbed B with knife and C
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An Unwritten Rule There are many rules that are followed in society today‚ whether they have been around for hundreds of years‚ or just natural instincts of kindness. They are not usually things people would get punished for if they did not follow‚ they are more of an act of respect. Things like holding the door open for people behind you‚ saying please and thank you‚ or not eating until everyone at the table has their food. These rules mostly come from what is taught to children at young age‚
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* We should follow the rules so that we can maintain peace and organization within our society‚ economy‚ and even our country. Without rules no one would be able to work together. * Two different kinds of people can be heard to utter that question‚ "Why have rules?" One of them does not believe in rules; the other believes in rules and adds a few more words to the question‚ "Why have rules‚ if you are not going to enforce them?" I would like to examine both sides of this argument. Many people
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