What is the difference between hearsay and direct evidence?

Hearsay and direct evidence are both types of evidence presented in a criminal trial. The primary difference between the two is the reliability of the evidence presented. Direct evidence is defined as any statement or collection of facts that establishes the guilt of a criminal defendant. It must be obtained from a witness or physical evidence that is seen, heard, or felt firsthand. It is often considered the most reliable form of evidence because it can be verified and corroborated. Hearsay evidence is defined as any statement made by someone other than the accused that is used to prove the guilt of the defendant and is not based on firsthand knowledge or observation. It may come from a third party, a written record, or any other statement made outside of court. While hearsay can be used in some cases, it is generally considered unreliable and easily manipulated. In Maryland, the admissibility of hearsay evidence is governed by Rule 5-802 of the Maryland Rules of Evidence. The rule states that it is generally inadmissible unless it is shown to be reliable and necessary for the court’s decision. Therefore, it is usually the prosecution’s burden to prove the reliability of hearsay evidence in order for it to be admitted in court. In conclusion, the primary distinction between hearsay and direct evidence is that direct evidence is based on first-hand knowledge or observation, while hearsay is generally considered unreliable and is subject to rigorous scrutiny by the court.

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