Establishment of the Hearsay Law Term Paper

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Hearsay Rule

What is the hearsay rule? Explain in detail

The hearsay rule is a rule that prohibits any out of court statements from been offered as evidence in a trial. Hearsay statements are not admitted as evidence, as there is no way for the other party to cross-examine the statement maker Morgan, 1920.

Hearsay is any statement made outside a trial and presented during the trial to prove the truth of the statements content. Secondhand information is considered unreliable, and there is no way that the person who made the original statement could be cross-examined. Any out of court statement is considered as hearsay if the parties are concerned with the truthfulness of the statement. The hearsay rule does not care if the statement was written, or oral, provided it comes from another person it is considered as hearsay.

What major cases were involved in the establishment of the hearsay rule? Summarize.

Sir Walter Raleigh was charged with treason after making a statement that was heard by a witness who repeated the statement to another individual. The English jurists because of this case developed the hearsay rule. The Mattox v. United States, 156 U.S.

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237 case was decided under the hearsay rule. The testimony regarding the deaths of previous individuals was in question.

What is the rationale behind the rule? Explain

The rationale behind the law is that there is no way for the other party to cross-examine the declarant of the statement. There is no way for confirming if the statement made is true or not. This difficulty would make it difficult for a trial to conclude fairly. For as long as a witness is using hearsay to confirm a truth regarding a statement and the person claimed to make the statement is not available, then the hearsay cannot be considered as evidence. There is also no way for the other party to confirm that the declarant actually made the statement. This makes the sincerity of the statement be questioned.

What issues exist regarding the hearsay rule? Explain

The major issues regarding the hearsay rule involve how it will impact the fairness of a trial. Another issue revolves around the failure of scholars to properly define and make decisions. With the advancement in technology, more issues….....

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