What are the rules for hearsay evidence in criminal cases?

Hearsay evidence is a statement made out of court, and is not considered a reliable form of evidence. In criminal cases in Virginia, hearsay is not admissible in court as evidence unless it falls within one of the recognized exceptions. The most common exception for hearsay evidence is a statement made by a victim or witness who is not available to testify in court. This exception is known as the “Declaration Against Interest” exception, which allows hearsay if a statement made by an absent witness is against his or her own interest. An exception to hearsay evidence is also allowed when a witness is unavailable to testify due to death, physical or mental illness, or physical absence. This is known as the “Dying Declaration” exception, as it allows a statement made before the witness dies to be considered as evidence. Pursuant to the “Excited Utterance” exception, a statement made by a witness who is in a state of excitement or distress as a result of a startling or shocking event may also be admitted as evidence. Finally, a statement made by a witness to police officers may be admitted as evidence, based on the “Admission of a Party Officer” exception. In any criminal case, any hearsay evidence must meet at least one of these exceptions in order to be admitted as evidence in court. All other forms of hearsay evidence are considered unreliable and inadmissible.

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