What are the rules for hearsay evidence in criminal trials?

In Delaware, hearsay evidence is generally not allowed in criminal trials. This means that a witness who is called to the stand during a criminal trial cannot provide testimony about what they heard someone else say. This rule is in place to protect the right of the accused to confront their accusers and defend themselves in court. In some cases, however, the court will allow hearsay evidence if the defense attorney can show that it is reliable and relevant to the case. The Delaware Rules of Evidence, as well as the Federal Rules of Evidence, provide specific guidelines as to when hearsay evidence may be presented in court. For example, a statement that has been made by the victim in a criminal case may be admissible as a so-called "excited utterance," which is an exception to the hearsay rule. This means that if the statement was made in an excited state, the court may allow it as evidence. Additionally, the Delaware Rules of Evidence also allow statements that were made by an alleged offender before or after the event in question to be admitted as evidence. This is usually in cases where the statement would have been made regardless of the whether or not the event in question occurred. It is important to note, however, that in all cases the defense attorney must demonstrate to the court that the hearsay evidence is reliable and relevant to the case at hand. If this is successfully done, the court may allow the defense team to present it as evidence.

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