12 - Hearsay Rule and Exceptions

Abstract

This chapter discusses and defines the hearsay rule of exclusion and introduces the important exceptions that permit hearsay evidence to be admitted in criminal courts. Among the exceptions treated within the chapter are declarations against interest, the business records exception, dying declarations, spontaneous and excited utterances, and family histories. The general rule is that once evidence is identified as hearsay it should not be admissible in court because of the concern that hearsay evidence may not be reliable or truthful and may not have been given under oath. Hearsay evidence is defined as oral testimony or written evidence presented in court from a statement uttered or written out of court, when the statement is offered in court to prove the truth of matters asserted therein. Thus, evidence that relies on the credibility of the out-of-court declarant will be classified as hearsay and excluded. Although this general rule is universally applied and based on sound reasoning, there are many exceptions. If evidence meets the requirements of a recognized exception or the residual exception, it may be admissible, even though it is classified as hearsay.