What are the rules for hearsay evidence in criminal cases?
Hearsay evidence refers to a statement made outside of a court of law that is used as evidence in a criminal case. In California, such evidence is not generally allowed in criminal proceedings, as it is considered unreliable. The California Evidence Code outlines several rules that govern the admissibility of hearsay evidence. First, hearsay evidence must have a circumstantial guarantee of trustworthiness in order to be admitted. The source of the statement must be reliable and have a good reason for making the statement. Second, the statement must have an adequate indicia of reliability, meaning that it must be verified by other sources, such as through documents or other witnesses. Third, the statement must be relevant to the case and make sense in the context of the trial. Additionally, there are some exceptions to the hearsay rule, such as if the statement is made in a situation of urgency, like in an emergency. Furthermore, statements made to law enforcement officers in the course of an investigation are usually allowed, provided there is an indication of reliability. Finally, statements made by an accused during an interrogation are sometimes admissible, as long as they are voluntary, reliable, and relevant to the case. Overall, hearsay evidence is generally not allowed in criminal trials in California. However, there are certain exceptions to this rule that can make certain statements admissible, as long as they meet certain criteria of reliability.
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