What are the rules for hearsay evidence in criminal trials?

In Oregon, hearsay evidence is evidence that is offered in court that is based not on what a witness saw, heard, or experienced directly, but on what someone else has said. Hearsay evidence is usually not allowed in criminal trials because it is considered to be unreliable. The Oregon Rules of Evidence outline the rules for hearsay evidence in criminal trials. Generally, the rule states that hearsay evidence is not admissible unless specifically permitted by the rules. Some specific exceptions to the rule that allow hearsay evidence include: if the statement is made by the defendant, if the statement is made in court by a witness, if the statement is made under circumstances that show it is reliable, if the statement describes an event or condition and was made when it was fresh in the witness’s memory, if the statement is offered to show its effect on the hearer’s future conduct, or if the statement is made as part of a legal proceeding or in a business or family record. There are also specific circumstances in which hearsay evidence is considered to be reliable. This includes statements made during a medical emergency, statements made in police reports or investigative reports, and statements made by an expert witness. In Oregon, the reliability of hearsay evidence must be determined by the judge before the evidence is allowed to be presented in court. Ultimately, it is the judge who decides whether hearsay evidence is reliable enough to be allowed in criminal trials.

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What are the rules for hearsay evidence in criminal trials?

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