What are the rules for hearsay evidence in criminal trials?

Hearsay evidence is testimony by someone other than the person on trial which is offered to prove the truth of the matter asserted. Hearsay evidence is generally not admissible in criminal trials in South Carolina. South Carolina Code 17-23-170 outlines the exceptions to this rule, which are as follows: • Declarations of the Defendant: The defendant can testify as to his own statements if he or she chooses. • Dying Declaration: If it can be shown that a person who has since passed away made a statement that was relevant to the case, the statement can be admitted as evidence. • Statements Made Under Sense of Imminent Death: Statements made by a person who believed they were in immediate danger of death can be used as evidence. • Statement of Mental and Physical State: Statements made by a person about their state of mental or physical health are admissible as evidence in a criminal trial. • Spontaneous Statements: If the statement was made shortly after the event in question occurred, it can be used as evidence in criminal proceedings. • Other Exceptions: There are other exceptions to the hearst evidence rule which may be applicable in certain cases. Generally, all evidence presented in a criminal trial must be relevant, probative, and material to the case at hand. As a result, hearsay evidence is typically not allowed, as it could potentially sway the jury’s decision without providing a true basis for the facts. However, South Carolina does allow some exceptions to the rule, which can help provide more clarity to the trial process.

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