✪✪✪ Admissible As Hearsay Essay

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Admissible As Hearsay Essay



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Can a hearsay be admissible in evidence?

A hearsay statement may be allowed if it describes or explains an event or condition and was made during the event or immediately after it. Excited Utterance. Main page Questions categories Philosophy and history Common philosophy Philosophy in education Philosophy and sociology Philosophy edu Students info Common articles Best philosophy topics. Take a look at the similar writing assignments Essay Why hearsay is not admissible in court? Get a writing assignment done or a free consulting with qualified academic writer. Read also What is the meaning of Caucasus? What is lock and key theory? What's better Cliff Notes or sparknotes? What is interconnectedness?

What are two important differences between naturalism and realism? What does pile mean slang? What is an exploit person? What petition means in law? What does Wilhelm mean in English? Who is an example of rational-legal authority? You will be interested What are the special characters? Whether an out of court assertion amounts to hearsay depends on the purpose of tendering the statement. Evidence of a statement made to a witness by a person who is not himself called as a witness may or may not be hearsay. It is hearsay and inadmissible when the object of the evidence is to establish the truth of what is contained in the statement.

It is not hearsay and is admissible when it is proposed to establish by the evidence, not the truth of the statement, but the fact that it was made. The concept of hearsay is not always a straightforward one, as exemplified in Ng Lai Huat v PP7, where the judge had reversed his own ruling on the admissibility of an out-of-court assertion. Hearsay evidence which ought to have been rejected does not become admissible merely because no objection was taken earlier. Documentary hearsay is generally inadmissible. The Evidence Act does not distinguish between express and implied assertions in statements.

It may be argued that all hearsay assertions should be excluded unless they fall within any of the exceptions in the Act. The exceptions are statements made by persons who cannot be called as witnesses14, evidence for proving in subsequent proceedings15, evidence obtained under mutual assistance in criminal matters requests16, documentary evidence in civil cases17, documents produced by a computer18, and where the assertion forms part of the res gestae19 or the facts form part of the same transaction There are various reasons for the exclusion of hearsay evidence.

It is said that hearsay evidence is not the best evidence available as it is made out-of-court and is not verified by any source other than the maker. Since it comes from a source other than the person testifying in the court of the truth of its contents, there is a substantial risk that in the transmission of the information, there has been some errors. The hearsay statements also are not delivered on oath because the veracity of its contents cannot be verified. Further, the maker of the statement cannot be cross-examined and thus the accuracy of the statement cannot be verified. Such hearsay must fall within one of the exceptions to the hearsay rule as statutorily provided. If it does not fall within such exceptions, then the issue does arise whether it falls within the common law doctrine of res gestae.

Proximity in time and place is relevant, but not a decisive factor. It is relevant only in so far as it affects the issue whether there was ample time and opportunity to concoct the evidence or not. This essay was written by a fellow student.

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