What are the rules for hearsay evidence in criminal cases?

Hearsay evidence is evidence given in court that was not heard by the witness who is providing the testimony. In Idaho, hearsay evidence can be used to support the prosecution case in criminal cases, but only if a judge decides that it is reliable. For hearsay evidence to be used in an Idaho criminal trial, it must be “reasonably reliable” under the law. The judge will consider the circumstances in which the evidence was given, the content of what was said, and any other relevant factors before deciding whether it is reliable. In addition, Idaho has certain exceptions to the hearsay rule. These exceptions allow out-of-court statements to be used as evidence in a criminal trial when they fit into one of the exceptions. For example, Idaho allows for “excited utterances” to be used as evidence in criminal trials. An excited utterance is an out-of-court statement made in the heat of the moment, usually in response to a startling event. Idaho also recognizes statements made by a defendant as an exception to the hearsay rule. This means that statements made by a defendant before or during trial can be admitted as evidence in a criminal case. Overall, hearsay evidence is an important part of the criminal process in Idaho. Judges must weigh the reliability and exceptions of the hearsayevidence before deciding whether it should be admitted as evidence in a criminal trial.

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