Importance Of Hearsay Rule

The hearsay rule is a rule that applies in court when a statement is made out of court that is offered in court as evidence to prove the truth of the matter asserted (legal-dictionary.com n.d.). Unfortunately, when this evidence is brought to court it is up to the judge and jury to determine whether the evidence offered as proof is credible. Therefore, the person that is testifying has to prove to the judge and jury that they in fact saw what happen or that they actually know what happen. Furthermore, they have to swear and affirm that their statement is the truth. Therefore, there are three major evidentiary rules to help the judge or jury make their determination. The three rules are before a witness is allowed to testify, they must generally swear or affirm that their testimony will be truthful, they must be personally presented at the trial or proceeding in order for the judge or jury to be allowed to observe the testimony firsthand and finally they are subject to cross-examination at the option of any party who did not call the witness to testify.

There were two major cases I have found that were a part of the establishment of the hearsay rule. The first case was White v. Illinois where at petitioner White’s trial he was charged with sexual assault upon S.G., a 4-year old girl and the trial court ruled that testimony recounting S.G’s statement which described the crime and was offer by her babysitter, her mother, an investigating officer, an emergency room nurse, and a doctor was admissible under the state law of hearsay with the

They must also be under oath and subject to cross-examination instead of having someone to repeat what they said out of court. Therefore, they have to appear in front of the person being accused of committing the crime and make their statement in front of them as well as the judge and