What is hearsay in court?

Here's information about hearsay in court, formatted in Markdown with links:

Hearsay is an out-of-court statement offered in court to prove the truth of the matter asserted. It's generally inadmissible in court, meaning it can't be used as evidence. The basic idea behind the rule against hearsay is that it's unreliable because the person who made the statement was not under oath when they made it, and they are not available for cross-examination.

• Definition: Hearsay is a statement that was made outside of the courtroom and is offered in court to prove the truth of what it says. To break it down: a "statement" can be oral, written, or nonverbal conduct. "Out of court" means the statement wasn't made during the current court proceeding. The statement is offered to prove the truth of its contents - for example, if someone says, "I saw John rob the bank," and that statement is used in court to prove John robbed the bank, it's potentially hearsay. https://www.wikiwhat.page/kavramlar/Definition%20of%20Hearsay

• Why is it inadmissible? Hearsay evidence is considered unreliable for several reasons. The person who made the out-of-court statement was not under oath. Their credibility cannot be assessed because they are not present in court to be cross-examined. The original declarant's perception, memory, narration, and sincerity were not tested when the statement was originally made. https://www.wikiwhat.page/kavramlar/Inadmissibility%20of%20Hearsay

• Exceptions: There are many exceptions to the hearsay rule. These exceptions allow certain out-of-court statements to be admitted as evidence because they are considered inherently reliable. Some common exceptions include:

  • Excited Utterance: A statement made while under the stress of a startling event. The idea is that the person didn't have time to fabricate the statement. https://www.wikiwhat.page/kavramlar/Excited%20Utterance

  • Present Sense Impression: A statement describing an event while the declarant is perceiving it or immediately after. https://www.wikiwhat.page/kavramlar/Present%20Sense%20Impression

  • Dying Declaration: A statement made by a person who believes they are about to die, concerning the cause or circumstances of their death. https://www.wikiwhat.page/kavramlar/Dying%20Declaration

  • Business Records: Records kept in the regular course of business. https://www.wikiwhat.page/kavramlar/Business%20Records

  • Statements Against Interest: A statement that a reasonable person would only make if it were true because it is so contrary to the speaker's proprietary or pecuniary interest. https://www.wikiwhat.page/kavramlar/Statements%20Against%20Interest

• Non-Hearsay Uses of Out-of-Court Statements: An out-of-court statement is not hearsay if it's not offered to prove the truth of the matter asserted. For example, it might be offered to show the statement was made (regardless of whether it's true), to show its effect on the listener, or to show someone's state of mind. https://www.wikiwhat.page/kavramlar/Non-Hearsay%20Uses

• Impact on Trial: Understanding hearsay is crucial for lawyers because it affects what evidence they can present and how they can question witnesses. Judges must carefully consider hearsay objections and determine whether a statement falls under an exception. https://www.wikiwhat.page/kavramlar/Impact%20on%20Trial