Preview

Hearsay Evidence and Its Admissibility

Powerful Essays
Open Document
Open Document
5039 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Hearsay Evidence and Its Admissibility
HEARSAY EVIDENCE AND ITS ADMISSIBILITY

CONTENTS

1. Introduction 2. Hearsay Evidence in different countries 3. Hearsay Evidence in different countries 4. 'Hearsay ' Evidence : The Law 5. Hearsay Evidence Inadmissible 6. Hearsay Evidence: The concept Understood 7. Case Laws 8. Bibliography

INTRODUCTION

Hearsay is 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. As a legal term, "hearsay" can also have the narrower meaning of the use of such information as evidence to prove the truth of what is asserted. Such use of "hearsay evidence" in court is generally not allowed. This prohibition is called the hearsay rule.
For example, a witness says "Susan told me Tom was in town" as her evidence to the fact that Tom was in town. Since the witness does not offer in this statement the personal knowledge of the fact, this witness statement would be hearsay evidence to the fact that Tom was in town, and not admissible. Only when Susan testifies herself in the current judicial proceeding that she saw Tom in town, that Susan 's testimony becomes admissible evidence to the fact that Tom was in town. However, a witness statement "Susan told me Tom was in town" can be admissible as evidence in the case against Susan when she is accused of spreading defamatory rumors about Tom, because now the witness has personal knowledge of the fact that Susan said (i.e., pronounced the defamatory words) "Tom was in town" in the presence of the witness and it is an opposing party’s statement that constitutes a verbal act.
Double hearsay is when a hearsay statement offered as evidence contains another hearsay statement.
For example, a witness wants to testify that: "a very reliable man informed me that Wools-Sampson told him". The statements of the very reliable man and



Bibliography: (ii) Rabindra Nath Thakur vs Union Of India (Uoi) And Ors. on 21 September, 1998.

You May Also Find These Documents Helpful

  • Good Essays

    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; reports by one person about what another person said (Anderson & Gardner, 2013, p. 180). It states that Rule 801(c) of the Federal Rules of Evidence defines hearsay: “Hearsay’ is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” The Rule 801(c) elements of hearsay are thus: 1. a statement, which can be verbal, written, or assertive conduct; 2. Made by an out-of-court declarant; 3. Offered to prove the truth of the matter asserted (Anderson & Gardner, 2013, p. 180). A declarant is a person who makes a statement, either in or out of court (Anderson & Gardner, 2013, p. 180). The co-conspirator rule is the Federal Rule of Evidence 801(d) (2) (E) provides that statements made by a co-conspirator during and in furtherance of the conspiracy are not hearsay. The justification of this rule is that parties in a conspiracy are essentially partners, and an admission by one partner is fairly attributable to the other partners (Anderson & Gardner, 2013, p. 185). It is also stated that most courts have held that statements by co-conspirators are not “testimonial,” and thus are not subject to the Confrontation Clause’s requirement that the defendant have an opportunity to confront and cross-examine the person who made the statement (Anderson & Gardner, 2013, p. 185).…

    • 625 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The Hearsay Rule

    • 992 Words
    • 4 Pages

    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 be cross-examined. Being crossed examined allows the court and jury to assess the declarant’s ability to perceive initially, remember accurately, and narrate correctly the event that occurred. Hearsay can be seen as a violation of the defendant’s Sixth…

    • 992 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Loftus was concerned with how subsequent information could affect an eyewitness testimony (EWT) which is a legal term, referring to the use of eyewitness to give evidence in court. EWT can be influenced by misleading information in terms of both visual imagery and wording of questions. This could lead to faulty or incorrect convictions. If someone is imposed to new info during the interval between witnessing the event and recalling it, this info may have marked effects on what they recall. Original memory can be modified.…

    • 526 Words
    • 2 Pages
    Good Essays
  • Better Essays

    In today’s criminal justice system, eyewitness testimony is one of the most commonly used pieces of evidence by a jury. It plays a crucial role in criminal court casesas it is relied on heavily for investigating and prosecuting crimes. Eyewitness testimony refers to an account given by a person of an event they have witnessed (McLeod, 2009).Whether a person is convicted of a crime or not can ultimately depend on how reliable a person’s recollection of a crime is. When correct, eye witness testimony can be helpful in solving many crimes. However, when incorrect it can cause to severe damage and can lead to innocent citizens being convicted of crimes they did not commit.There is empirical evidence looking at the influence of three main factors…

    • 1598 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Eyewitness Testimony

    • 909 Words
    • 4 Pages

    Eyewitness testimony refers to people giving evidence to a crime or accident, on the basis of recalling sensory information that they have witnessed. It is important to the law and police to gather information about an investigative incident from people’s recollection of events to try to create an understanding of what took place.…

    • 909 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Out Of Court Hearsay

    • 141 Words
    • 1 Page

    As discussed in class a simple definition of hearsay would be an out of court statement in which the declarant does not testify in an effort to prove the truth of the matter asserted. In other words if someone committed a crime and came to me and told me I would not be allowed to testify to that in court because it would be considered hearsay. There has to be a way to prove that the facts are the truth of the matter. The court defines hearsay as being a statement made out of court, which is offered in court as evidence to prove the truth of the matter asserted. The hearsay rule was developed in order to prevent miscarriage of just justice in result of accepted statement of an untested and unsworn statements from and individual not present in…

    • 141 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Eyewitness testimony is a significant region of research in cognitive psychology and human memory. Research has shown that juries are often unable to differentiate between a false and accurate eyewitness testimony. The confidence level of the witness is often seen by jurors to connect with accuracy of their statements. Psychology had built scientific literucture on eyewitness identification and cautioned justice system with the issues associated with it.…

    • 1216 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Eyewitness testimony is the account a bystander gives in the courtroom, describing what they perceived happened during the specific incident under investigation. Ideally this recollection of events is detailed; however this is not always the case. This recollection is used as evidence to show what happened from a witness ' point of view. Memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions are unreliable; being easily manipulated, altered, and biased.…

    • 915 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    The criminal justice systems in Australia and throughout the world rely on evidence to prosecute persons suspected of a crime. Previously, criminal investigators relied upon eyewitness accounts for their investigations though psychological research shows that eyewitness testimony is not always accurate and should not be used in the criminal justice system as a sole piece of evidence (Sangero & Halpert, 2007). Numerous research papers and articles have cautioned the use of eyewitness testimony due to many cases solely basing their verdict from this evidence. In light of DNA evidence, many convicted of a criminal offence have been exonerated of their sentences. The use of identification tests found in numerous papers clarifies why witness testimony can be inaccurate and unreliable. Experiments made throughout the years testing eyewitness accounts delve into factors…

    • 2063 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    India Italy Coutroversy

    • 14611 Words
    • 59 Pages

    42. ^ "W.P.(C) No. 4542 of 2012 Massimilano Latorre Vs. Union of India, (2012) 252 KLR 794". Kerala Law. 29 May 2012.…

    • 14611 Words
    • 59 Pages
    Powerful Essays
  • Powerful Essays

    Adr in Modern India

    • 4656 Words
    • 19 Pages

    Synopsis : A. Introduction : ADR in India History of ADR in India ADR in Modern India Litigation in India - the need for ADR Judicial approach to ADR in India Arbitration and Conciliation Act, 1996. Conciliation Conciliation v. Arbitration Conclusion…

    • 4656 Words
    • 19 Pages
    Powerful Essays
  • Powerful Essays

    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 Act 1950, there are basically some exceptions to the general rule regarding to hearsay evidence. Among the exceptions are sections 32, 33, 34, 35, 38 and 73A of the said Act1. Apart from the Evidence Act, there are also exceptions under Common law which is known as the Res Gestae principle.…

    • 1373 Words
    • 4 Pages
    Powerful Essays
  • Powerful Essays

    Cites 7 docs - [View All] Navinchandra N. Majithia vs State Of Maharashtra & Ors on 4 unknown_month, 2000 The Code Of Civil Procedure (Amendment) Act, 1956 Union Of India And Others vs Oswal Woollen Mills Ltd. And ... on 27 March, 1984 Article 226(2) in The Constitution Of India 1949 Article 226 in The Constitution Of India 1949 Citedby 109 docs - [View All] Kamlesh Ishwarbhai Patel vs Union Of India (Uoi) And Ors. on 7 September, 2007 Jai Ganesh Petroleum vs Union Of India (Uoi) And Anr. ... on 23 December, 2005 National Capital Power Station ... vs Bank Of Baroda And Ors. on 25 April, 2003 Ex. Rect./Gd Vinod Kumar vs Union Of India (Uoi) And Ors. ... on 16 November, 2006 Kanhaiyalal Agarwal And Ors. vs Union Of India (Uoi) And Ors. on 27 February, 2002…

    • 4447 Words
    • 18 Pages
    Powerful Essays
  • Good Essays

    Moot Memo

    • 32563 Words
    • 131 Pages

    Bandhua Mukti Morcha v. Union of India, MANU/SC/0051/1983; S.P. Gupta v. Union of India MANU/SC/0080/1981; Rudul Shah v. State of Bihar,MANU/SC/0380/1983; Ajay Hasia v. Khalid Mujib, MANU/SC/0498/1980; Eurasian Equipment and Chemicals Ltd. v. State of W.B., MANU/SC/0061/1974; Jackson v. Metropolitan Edison Company, 42 L Ed (2d) 477; Rylands v. Fletcher, (1868) LR 3 HL 330, 19 LT 220, (1861) All ER Rep 1; PUDR v. Union of India,MANU/SC/0038/1982; Bhim Singh v. State of J & K, MANU/SC/0064/1985; Rajasthan State Electricity Board v. Mohan Lal, MANU/SC/0360/1967; Sukhdev Singh v. Bhagatram, MANU/SC/0667/1975; R.D. Shetty v. International Airports Authority, MANU/SC/0048/1979; Som Prakash Rekhi v. Union of India, ; Rashbihari Panda v. State of Orissa, MANU/SC/0054/1969; Kasturi Lal Reddy v. State of J & K.…

    • 32563 Words
    • 131 Pages
    Good Essays
  • Powerful Essays

    Sarla Mudgal Case Comment

    • 4433 Words
    • 18 Pages

    This paper is limited to the subject and issues of the case that is to be reviewed. Various other cases have been referred to for supporting the arguments stronger. Relevant parts of the judgment have been extracted. All the works and cases referred to in this paper have been properly cited and are related to the case Sarla Mudgal v. Union of India, AIR 1995 SC 1531.…

    • 4433 Words
    • 18 Pages
    Powerful Essays