What is the difference between hearsay and direct evidence?
The difference between hearsay and direct evidence is that hearsay is a statement made outside the courtroom that is being used to prove a point in court, while direct evidence is a statement made by a witness within court. In Massachusetts, the legal definition of hearsay is “an out-of-court statement offered in court to prove the truth of the matter asserted.” Direct evidence, on the other hand, is a statement made by a witness in the courtroom under oath. The witness can be cross-examined by the opposing counsel to determine the credibility and accuracy of the witness’ statement. This is not the case for hearsay, since the statement was made out of court and the witness is not present in the courtroom to be questioned. Hearsay is often not admissible in the court of law since it lacks the reliability that direct evidence has. However, some exceptions to the hearsay rule exist such as when the statement is made by an unavailable witness, or if it is made for the purpose of medical diagnosis or treatment. In such cases, the statement may be admissible if certain requirements are met. For a judge to decide whether to accept hearsay or direct evidence, they consider the relevancy and the trustworthiness of the evidence presented. If both types of evidence are presented in a trial, direct evidence is typically given more weight by the judge than hearsay.
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