What are the rules for hearsay evidence in criminal cases?

Hearsay evidence is a type of secondary evidence that is used in court proceedings. In general, this means any out-of-court statement made by a person other than the witness who is currently testifying. In criminal cases, there are specific rules that govern what is and is not allowed when it comes to hearsay evidence. In the state of Florida, hearsay evidence is governed by Section 90.802 of the state’s statutes. According to this statute, hearsay evidence is inadmissible in criminal proceedings, unless it fits one of the following exceptions: 1. The statement is made by the defendant. 2. The statement is made by an unavailable witness, and the statement has been proven reliable. 3. The statement is one of identification of a person or a thing. 4. The statement is a prior consistent statement made to a witness by the defendant. 5. The statement is one of anticipation of physical or mental injury. 6. The statement is one of admission of guilt of a crime. 7. The statement is one of boundaries or location of land. 8. The statement is one of medical diagnosis or treatment. 9. The statement is one of past knowledge or observance made to a witness by the defendant. 10. The statement is one of reputation regarding a crime. For each of these exceptions, the out-of-court statement must also meet certain criteria in order to be admissible. If any part of its criteria is not met, then the hearsay evidence is inadmissible. In Florida, it is important to understand the rules of hearsay evidence so that court proceedings are conducted in a proper manner.

Related FAQs

What is the process of plea-bargaining in criminal cases?
What is the purpose of the Miranda warnings in criminal cases?
What is the role of the prosecutor in criminal cases?
What are the different types of criminal defenses?
What is the purpose of a preliminary hearing?
What is the purpose of a motion to suppress evidence in criminal cases?
What is the exclusionary rule of the Fourth Amendment?
What is the difference between a direct and an indirect appeal?
What is the difference between a bench trial and a jury trial?
What is the process of a criminal trial?

Related Blog Posts

An Overview of Constitutional Protections in Criminal Procedure - July 31, 2023
The Requirements and Benefits of Proper Criminal Procedure - August 7, 2023
Understanding the Right to Remain Silent in Criminal Procedure - August 14, 2023
What You Should Know About the Exclusionary Rule in Criminal Procedure - August 21, 2023
A Look at the Role of Probable Cause in Criminal Procedure - August 28, 2023