Hearsay refers to evidence obtained through a secondhand source, often not admissible in court. Different countries have varying rules on hearsay in criminal and civil trials, with some exceptions. Witnesses are often briefed on hearsay laws to avoid violating them.
In ordinary English, the term “hearsay” is used to refer to unsubstantiated rumors and information. In the legal community, this term has a specific meaning. Refers to evidence obtained through a secondhand source. Hearsay evidence is often not admissible in court, and there are strict rules about when such evidence will be allowed, which vary from country to country. If you’ve ever watched a legal drama and watched one of the lawyers jump up to say “objection: this is hearsay,” now you know what he was referring to.
Both senses have to do with obtaining information that cannot be verified from second or third hand sources. A classic example of hearsay would be something like “my cousin saw the crime.” In this case, the cousin may have witnessed the crime, but unless the cousin can be taken to court to testify, this evidence is treated as hearsay because it has not been verified by the person who actually witnessed the crime.
Many nations distinguish between the use of hearsay in criminal and civil trials. Criminal trials often have much stricter rules on the admission of evidence as the outcome of the trial could potentially be much more serious. In some countries, hearsay is permitted in civil trials, but not in criminal trials. This is designed to protect people who are defending themselves against charges of very serious crimes such as murder.
Certain types of hearsay are permissible. For example, a birth certificate is technically an example of hearsay since it is secondhand information that documents someone’s birth. However, it is treated as admissible evidence because it is a legal document and it can be difficult to trace the officials who were present at the birth. Other vital statistics and public records are also eligible as hearsay exceptions in nations where hearsay is not permitted at trial. Most countries have a clear list of exceptions to the hearsay rule that can be used to determine whether or not evidence is admissible.
Before a witness testifies in a trial, they usually meet with an attorney who will walk the witness through what they can expect on the witness stand. The attorney may discuss hearsay laws with the witness to ensure that he or she does not accidentally violate hearsay rules. For example, if a doctor was subpoenaed to testify, he or she might repeat statements made in the trial to arrive at a medical diagnosis, such as “I ate in (restaurant) and then felt sick,” but an average citizen would not unable to repeat such claims, because they would be considered hearsay by someone who was not a doctor.
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