What are the rules for hearsay evidence in criminal cases?
In criminal cases in Pennsylvania, the rules for hearsay evidence are generally restrictive. Hearsay evidence is testimony by a witness who is testifying not from their own knowledge but from the reports of others. Hearsay is not considered a reliable source of evidence, so Pennsylvania courts allow hearsay to be admitted only in limited circumstances. Generally speaking, hearsay evidence is not admissible in criminal cases. In order for it to be admissible, it must fall under an exception to the hearsay rule. One such exception is that it must be supported by a reliable source. This means that the evidence should be supported by facts or circumstances that demonstrate the trustworthiness of the evidence or the reliability of the source. Another exception to the hearsay rule is that it must be relevant and material to the case. To be relevant and material, the evidence must be pertinent to the case at hand and its outcome. In other words, the evidence must be important enough to affect the case or the jury’s verdict. Finally, in order for hearsay to be admissible in a criminal case in Pennsylvania, the judge must determine that its probative value outweighs any potential danger to its unfairness. This means that the judge must weigh the value of the evidence to the case against any potential of it being abused or used unfairly against the defendant. If it is deemed too prejudicial, the judge will not allow it to be admitted.
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