Question 4: Define “hearsay”. Provide an example and explain why it meets the definition of hearsay.
Answer: Hearsay can be defined as one person giving a testimony about statements another person had said (Gardner & Anderson, 2016). There are three components of the hearsay rule, requiring that the statements are either oral, written down, or given with self-confidence, the declarant makes the statement outside of court, and motions that statements are truthful about the event in question (Gardner & Anderson, 2016). An example of hearsay occurred in a sexual assault case in Colorado (Fender, 2012). The court decided to let hearsay evidence be used in the case because the victim was disabled (Fender, 2012). It was found that, “Out-of-court …show more content…
Discuss the factors that relate to the reliability of children’s statements. Do you believe there are victims besides the children? If so, who are they? Should there be exceptions in child abuse cases? Why or why not? What might be the pitfalls of this …show more content…
205). It is better for a child victim to give a statement directly after a crime has been committed because they do not have a fully developed memory at a young age, and a fresh memory of the event is more reliable (Gardner & Anderson, 2016). Since a testimony tends to occur within a longer time frame, there is a chance the child could make incorrect statements (Gardner & Anderson, 2016). A courtroom can also be a stressful environment for a child, and stress can strain their memory of past events (Gardner & Anderson, 2016). These are reasons explanations why an exception is made to the hearsay rule and children’s out-of-court statements are admissible as hearsay evidence (Gardner & Anderson, 2016). A couple exceptions include, quick statements made by the child or statements made to doctors (Gardner & Anderson, 2016). The rules of hearsay have been lenient for children “so that juries and judges may determine the reliability and weight that should be given to such evidence in child sexual abuse cases” (Gardner & Anderson, 2016, p.
Answer: Hearsay can be defined as one person giving a testimony about statements another person had said (Gardner & Anderson, 2016). There are three components of the hearsay rule, requiring that the statements are either oral, written down, or given with self-confidence, the declarant makes the statement outside of court, and motions that statements are truthful about the event in question (Gardner & Anderson, 2016). An example of hearsay occurred in a sexual assault case in Colorado (Fender, 2012). The court decided to let hearsay evidence be used in the case because the victim was disabled (Fender, 2012). It was found that, “Out-of-court …show more content…
Discuss the factors that relate to the reliability of children’s statements. Do you believe there are victims besides the children? If so, who are they? Should there be exceptions in child abuse cases? Why or why not? What might be the pitfalls of this …show more content…
205). It is better for a child victim to give a statement directly after a crime has been committed because they do not have a fully developed memory at a young age, and a fresh memory of the event is more reliable (Gardner & Anderson, 2016). Since a testimony tends to occur within a longer time frame, there is a chance the child could make incorrect statements (Gardner & Anderson, 2016). A courtroom can also be a stressful environment for a child, and stress can strain their memory of past events (Gardner & Anderson, 2016). These are reasons explanations why an exception is made to the hearsay rule and children’s out-of-court statements are admissible as hearsay evidence (Gardner & Anderson, 2016). A couple exceptions include, quick statements made by the child or statements made to doctors (Gardner & Anderson, 2016). The rules of hearsay have been lenient for children “so that juries and judges may determine the reliability and weight that should be given to such evidence in child sexual abuse cases” (Gardner & Anderson, 2016, p.