Definition Of Hearsay : An Example And Explain Why It Meets The Definition

827 Words Jan 25th, 2016 4 Pages
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 statements, known as hearsay, typically cannot be admitted as evidence because the Constitution guarantees defendants the right to face their accusers in court” (Fender, 2012, n.p.). An exception was made to the hearsay rule because of the disability that the victim had (Fender, 2012). It is probably difficult for a disabled victim to understand what sexual assault is and why it occurred (Fender, 2012). A disabled person cannot be considered a reliable witness in the courtroom because he or she may become afraid or give incorrect statements because they do not know what to say (Fender, 2012). Therefore, the victim’s statements made outside of the court were admissible because an interviewer had asked questioned without being in the…

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