What are the rules for hearsay evidence in criminal cases?

In criminal cases in Minnesota, hearsay evidence can be used but is generally not admissible as substantive evidence. Hearsay evidence is defined as a statement not made by the witness at the trial or hearing but which was made out of court. These statements are not seen as reliable because the statement maker is not present to confirm its accuracy or be cross-examined. Hearsay evidence may be used for purposes other than proving the truth of the matter asserted. It can be used to show how a witness may have been influenced, or to provide contextual information. Additionally, there are exceptions to the rule of hearsay evidence, such as a statement made by a defendant admitting to their guilt or the dying declaration of a decedent. Hearsay evidence that does not fall within an exception to the rule cannot be used to prove the truth of the matter asserted and will not be admissible in criminal trials. Although hearsay evidence is not direct evidence, Minnesota courts have established certain rules that can make it admissible, such as the presence or absence of corroboration, the credibility of a witness, the trustworthiness of the statement, or the overall credibility of the entire case. Finally, when weighing whether to allow hearsay evidence, the court must consider how much value it will add to the case.

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