Hearsay as Evidence

Paper Summary:

This paper defines hearsay and describes the rule against using hearsay in legal proceedings and the exceptions to this rule. The paper also analyzes the advantages and disadvantages of this rule in order to answer whether hearsay should be accepted in all aspects of proceedings in criminal law. The paper concludes with the position that abolishing the rule against hearsay would not serve to be beneficial. The paper does concur, however, with many of the potential reforms or extensions on exceptions of the rule laid out in the Scottish Law Commission's report. The paper uses MLA style footnotes but does not include a works cited page.

Outline:
The Question
Introduction
Abolishment of Rule Against Hearsay in Civil Cases
Hearsay: Good or Bad?

From the Paper:

"This type of hearsay evidence is sometimes referred to as primary or testimonial hearsay or original evidence. There are two types of hearsay, primary and secondary. The distinction is not always clear, especially when the statement is in the form of an implied assertion. (Ratten v R ) An implied assertion is when a fact is implied by the statement. These types of hearsay are in general admissible, such as is seen in McLaren v McLeod . Similarly, statements made by a victim shortly after a sexual assault may be admissible as de recenti statements. These statements are only admissible if the victim also appears as a witness and is lead to add to any credibility by showing consistency of statements."

Sample of Sources Used:

• www.forensicmed.co.uk/hearsay.htm Dr Richard Jones, Specialist Registrar Forensic Pathology, Wales Institute of Forensic Medicine, University of Wales Hospital, Cardiff, Wales, UK - accessed 16th March 2007
• Morrison v HMA(1990) at 312
• 1972, A.C. 378
• 1913 SC (J) 61
• Chalmers, James - Law Essentials - Evidence p.34

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• Research Paper # 63052 : "Jurors and Inadmissible Evidence"

APA Citation:

MLA Citation: