FEDERAL RULES OF EVIDENCE 4
FederalRules of Evidence
Hearsayrefers to an affirmation made out of the courtroom that is presentedin court as evidence to demonstrate the truth of the circumstanceargued. The judge is mandated by the constitution to determinewhether the evidence presented is sufficient or not. He applies threerules in determining the credibility of proof offered. The first ruleis that the witness must swear that the information given will betruthful (Garland, 2010). The other rule is that the witness must bepresent in person during the case proceedings so that the judge canacquire firsthand information. Lastly, the judge allows forcross-examination from the parties who need further clarifications(Garland, 2010). The defines hearsay usingassertion and declarant-based tests.
Assertion-basedhearsay refers to an out of tribunal statement that is presented incourt to prove sincerity of the circumstance argued. These statementsare only accepted by the court if they are only offered primarily asattestation for the matter asserted (Garland, 2011). An example ofassertion based hearsay occurs when a mother lies to the court bygiving an excuse that she was with her son in the movie when murderwas committed. The judge tries to use the statement as an attestationbut the defense objects. A statement is not hearsay because the judgeconsiders the evidence as not sufficient. It shows that the two werehaving fun, but the mother has a guilty conscious that the son couldbe guilty.
Onthe other hand, declarant based hearsay considers an out of courtstatement as hearsay depending on the credibility of the declarant.The primary function is to protect hearsay statements that arepresented in the tribunal. Under the declarant based test, majorityof the declarations are considered hearsay (Garland, 2011). Forexample, the statement given by the mother in defense of her son asper the above example is acceptable because it is true but not forthe circumstance argued. Under the declarant based hearsay, thestatement is not credible as hence could not be accepted. In mostcases, the assertion-based hearsay is adopted in many jurisdictions.
Garland,N. M. (2011). Criminal evidence (6th ed.). New York, NY: McGraw-Hill
Graham,M. H. (2010). Evidence:An introductory problem approach.St. Paul, MN: