What are the rules for hearsay evidence in criminal cases?

In criminal cases, hearsay evidence is evidence that is provided by someone who did not witness the event firsthand. This type of evidence is often not allowed in the courtroom due to its unreliability; however, Indiana has certain rules of admissibility for hearsay evidence. Generally, hearsay evidence is not admissible in Indiana state courts. However, there are exceptions to this rule. For instance, if the hearsay statement is made in a situation of “emergency,” such as an attempt to obtain medical or police assistance, then it can be admitted. Additionally, if a witness is unavailable for testimony, a statement she or he made before the trial may be admitted (this is called “dying declarations”). Additionally, if the hearsay statement was made by a person under suspicion of a crime, then it will also be admissible. Other types of hearsay evidence may be admitted if it is determined to be reliable. For example, if the statement is corroborated by other evidence, or the statement was made against the declarant’s self-interest, that statement may be admissible. In conclusion, Indiana helps to protect the fairness of criminal proceedings by strictly limiting the use of hearsay evidence. When hearsay evidence is admitted, it is only allowed in certain situations, and only after it has been determined to be reliable.

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