Is Hearsay Evidence Admissible In Court?

We have all heard the saying that you should believe half of what you say and none of what you hear. When the prosecution presents a photograph as evidence at trial, the defense can often raise doubts about whether the image shows what the prosecution says it shows. Yes, that is clearly a picture of a medium-sized man wearing a hoodie, but this does not prove that it is the defendant; how many medium-sized men wear hoodies on any given day, even here in sunny Florida, where T-shirt weather rules the day for most of the year. Imagine how much reasonable doubt naturally surrounds someone’s statements about something that someone else said, when you were not there to hear the original speech. This is hearsay, and it has existed for almost as long as human speech has. It makes the time pass quickly in barber shops and in the bleachers of children’s soccer games. In the Internet era, it gives attention-hungry people their 15 minutes of fame. It stands to reason that hearsay does not belong in the courtroom; the purpose of criminal trials is not idle entertainment, and someone’s future is at stake. To find out whether you can exclude the prosecution’s hearsay evidence from your trial or include yours, contact a Tampa criminal defense lawyer.

Situations Where the Criminal Court Might Allow Hearsay Evidence

The law’s start point is to not allow hearsay evidence; either it is unverifiable, or if it is verifiable, then it is better for the jury to hear it from the original speaker than through a grapevine that ends on the witness stand. Consider that oral narratives easily change from one telling to the next; this applies as much to personal narrative as it does to folk tales. Someone might tell multiple versions of an event that he or she witnessed, including variant versions of what other people present at the scene allegedly said. An audio recording of the original speech is admissible, as is live testimony from the person who originally uttered the speech.

Sometimes, though, hearsay evidence is the best you can get, and the case cannot meaningfully proceed without it. In these cases, the court will allow hearsay evidence. For example, the court makes every effort to invite calling on minors to testify, especially about acts of violence committed against them. Therefore, the court might summon an adult to testify about what the child told him or her shortly after the alleged crime. Whether with child patients or adult patients, medical records containing a written summary about what the patient said regarding his or her medical history count as admissible evidence, not hearsay. Likewise, statements made by 911 callers about what people near them were saying are not excluded under the rules against hearsay.

Contact Tampa Criminal Defense Attorney Bryant Scriven

A criminal defense lawyer can help you if you are facing criminal charges, and narrative reports about the alleged crime form an important part of the evidence.  Contact Scriven Law in Tampa, Florida to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0090/Sections/0090.803.html