Hearsay Rule and Child Abuse
| Chapters 7 & 8 | Hearsay Rule and Child Abuse | Acquis Pittman5/25/2013 | | |
|
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).
In chapter eight, we read about the confrontation clause and the exceptions to the hearsay
|
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).
In chapter eight, we read about the confrontation clause and the exceptions to the hearsay
References: Anderson, T. M., & Gardner, T. J. (2013). Criminal Evidence 8th ed. Belmont: Wadsworth Cengage Learning.