The General Reasons for the Hearsay Rule - Term Paper Example

Similarly, if a particular defendant is not present in jail at the time of performing a preliminary hearing and the responsible state fails to ascertain possible reasons for the circumstances, the defendant would bear the right to get dismissed from his/her case and also to get an immediate release from imprisonment (Siegel, 2009).... In the "hearsay and Exemptions to hearsay" paper, whether hearsay can be used in preliminary hearings on the basis of Wisconsin laws is taken into concern....

During the trial, Miranda was unable to testify as a result of the marital privilege rule of Washington, and thus, her statement was presented for the jury in the form of recorded evidence.... hearsay & Crawford v.... Washington Name Tutor Institution Subject Code hearsay & Crawford v.... The Federal Rules if Evidence defines hearsay as, "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" (Federal Rules of Evidence, 2009)....

The paper "The Law of Evidence" discusses that generally, if there is one general theme that emerges from the diverse issues examined, it is that the strict application of the hearsay rule is, potentially, much more far-reaching than is commonly realized.... 'It is probably no accident', Tapper has pointed out, 'that the hearsay rule is the same in both civil and criminal proceedings where the mode of trial is the same, whether in both cases by judge and jury as in the United States, or by judge alone as in South Africa; but different in England and Scotland, where the form of trial is quite different in civil and criminal proceedings....

The paper "rule against Hearsay and Three of the Major Exceptions to the rule" considers the rules against Hearsay in the USA that rule out the authenticity of the words quoted by the witness on behalf of the Declarant.... The report sheds some light on various aspects of the rule.... This rule is applicable to the witnesses taking part in the proceedings of the court.... The rule of Hearsay can be considered as one of the most fundamental rules against evidence....

The paper "Law of Criminal Evidence" describes that experts have expressed concerns about the validity of hearsay evidence in the trial process and the undermining of the criminal justice process itself and it remains to be seen whether the hearsay provisions of the Criminal Justice Act of 2003.... Thus, those provisions do not contest the nature and validity of the hearsay evidence in such cases where the witness is unable to appear in court for some compelling reason....

In the hearsay rule, the records are in principle inadmissible evidence of the matters they contain, and where a witness gives oral evidence only the oral evidence counts, and the previous statement by the witness generally does not.... Thus herein emerges the need to examine the defects in the application of the 'hearsay rule' prior to the enaction of the Criminal Justice Act 2003 [hereinafter CJA] and the remedies and lapses that emerge on the examination of the same....

Being adverse to the interest of the maker, it is naturally reliable, thus a common law exception to the hearsay rule (R v Swaffield 1998 as cited in Queensland Law Reform Commission 2005).... According to Riordan, the hearsay rule prohibits the admission of a written or oral statement as evidence of the truth of the statement, unless it was actually made in court by the witness himself (as cited in Queensland Law Reform Commission 2005).... Aside from the general requirement of relevancy, it is important to first establish whether the expert opinion 'forms part of a recognized body of learning,' and that it is 'beyond the knowledge of human experience....

In sum, it has been seen that where prior consistent statements and prior inconsistent statements are admissible in evidence in English law at present, they can be admitted, under the hearsay rule, as relevant only to credit.... The essay "Evidence Admissibility of Hearsay Evidence Section" critically analyzes the major issues on the evidence admissibility of the hearsay evidence section.... Detecting ambiguity is the difficulty often experienced in the hearsay evidence on hearing an account of events....