Hearsay

Background

In the United States, testimonial evidence is hearsay if:

1. a statement
2. made our of court
3. by the declarant and is
4. offered for the truth of the matter asserted.

• Statement - A statement may be an oral or written assertion and it may also be nonverbal conduct of the person
• Declarant - Declarant is a person making a statement. Neither a machine nor an animal are considered declarants under the hearsay rule.
• Offered for the truth of the matter asserted - In certain cases evidence may be admissible because it is not offered for the truth of the matter asserted. For instance, the evidence may be offered simply for the fact that a witness had notice and was

Hearsay should be inadmissible at trial because the evidence suffers from defects which cannot be remedied. First, the testimony is offered without an oath. Second, the demeanor or the witness cannot be gauged when the testimony is delivered by a third part. Finally, the witness cannot be cross-examined by the defendant. Because of these defects, the defendant cannot test the witnesses reliability, memory, ability to perceive or their sincerity.