What are the rules for hearsay evidence in criminal cases?
Hearsay evidence is an important concept in criminal procedure that must be understood by all people involved in the criminal justice process. In Maryland, hearsay evidence is generally not admissible in criminal trials. According to Maryland Rule 5-802, hearsay is defined as “a statement that was made other than by a witness while testifying at the current trial or hearing, offered in evidence to prove the truth of the matter asserted.” In criminal cases, hearsay evidence is not allowed because it is not reliable. Usually, the person who made the statement is not available to be questioned by the defense attorney, and thus the truth of the statement cannot be verified. Additionally, hearsay evidence is often unreliable because it cannot be cross examined and therefore cannot be properly evaluated. Nevertheless, there are certain exceptions to the hearsay rule. For example, statements that are made by the defendant in a criminal case are generally admissible as evidence, even if they fall under the hearsay definition. Additionally, there are certain exceptions for excited utterances, dying declarations, and family declarations, which may be allowed in criminal trials if the court determines that they are reliable. Overall, in criminal cases, hearsay evidence is generally inadmissible and considered unreliable. However, there are certain exceptions to this rule, and these exceptions may be allowed under certain circumstances.
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