Criminal Procedure And Criminal Evidence Trial Prep: Notebook

Criminal Procedure and Criminal EvidenceNameInstitutional affiliationHearsay, according to Rule 801 (a) of the Federal rules of Evidence, is an out of court statement made in court to prove the truthfulness of a given evidence. It includes a witness giving statements, either oral or written words, of another person. In ordinary circumstances, hearsay evidence is not admissible in a court of law because it is considered unreliable. However, what is perceived as hearsay may not actually be hearsay. There also exist numerous exceptions for hearsay (Mueller & Kirkpatrick, 2009, p. 70).Rule 801 (d) state the following statements, among others as not hearsay. First is a declarant-witness’s prior statement. The second is an opposing party’s statement, if the opposing party authorized the person to issue the statement, made by the party’s agent or employee or the party’s coconspirator. Rule 803 provides the exceptions for hearsay. Rule 803 (2) gives an exception for excited utterance. This is a statement issued by the declarant while under the stress of excitement caused by the condition. 803 (3) provide exceptions for then existing mental, emotional or physical condition of the declarant. Such statements may be useful