Anderson And Gardner: The Use Of Hearsay In The Courtroom

In chapter seven, Anderson and Gardner discuss the use of hearsay in the courtroom. According to the Rule 801(c) of the Federal Rules of Evidence, hearsay is defined 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”. Testimonies are essential in a courtroom setting because it provides a basis of evidence that are presented to the jury upon determining the accused. However, weighing the truthfulness of a testimony is a concerning factor: as the accuracy of the witness’s perception, the memory of the witness, the meaning of the testimony, and the sincerity of the witness can all be tainted. In many cases, the use of cross-examination

“The rule of 801(c) elements of hearsay are thus: A statement, can be verbal, written, or assertive conduct; Made by an out-of-court declarant; offered to prove the truth of the matter asserted”. If the matter is reigned to fall within these guidelines, the use of hearsay as evidence is credible in court. An assertive statement by a declarant is essential to prove the truthfulness of his/her statement; ultimately, because the individual is communicating his/her thoughts and beliefs in the

A confession is “a direct acknowledgment of guilt”. Whereas, an incriminating statement is “Any statement or conduct from which guilt of the crime can be inferred”. A confession cannot sustain a conviction if there is no corroborating evidence to prove the corpus delicti rule. Before a confession can be considered as evidence, there are four Miranda requirements an individual in custody must undergo; in which include, the suspect must be told of his rights to remain silent. Anything he says may be used against him in the court of law. He is entitled to the presence of an attorney, and if he cannot afford an attorney, one will be appointed to represent him. The Miranda warning are not required when an individual is not in custody or when there is no intention for the individual to be interrogated. Another instance would involve if an individual volunteers information to the