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re: This freeze briarcrest thing is BS

Posted on 7/23/17 at 6:56 pm to
Posted by Prof
Member since Jun 2013
42751 posts
Posted on 7/23/17 at 6:56 pm to
quote:

100% false. A victim's account to an officer is the exact definition of hearsay. It's any statement given outside of court. Typically, "hearsay evidence" (victim statement to officer) isn't even admissible in court without the victim being present.



Incorrect. What I've reported is hearsay as I'm a third party. What the victims themselves say is not hearsay.

The key to whether or not something is hearsay is whether or not you're the witness or just someone the witneds/victim told the story too. Even then not all hearsay is created equal and quite a lot of it is used in the court of law to back up other evidence.
Posted by tigerinridgeland
Mississippi
Member since Aug 2006
7638 posts
Posted on 7/23/17 at 7:04 pm to
Hearsay, as you note, is a very complex area of evidence law. It has application only in certain situations, most particularly in trials, and it is actually fairly difficult to master. Most non-lawyers have no real idea of how it works. Moreover it is a uniquely common law rule. Other legal systems do not have comparable rules regarding hearsay because they don't use lay juries. The hearsay rules were developed out of concern about whether jurors would give undue weight to third party statements not present in court, should such statements be admitted into evidence. Nevertheless, there are all sorts of exceptions to the rule.
This post was edited on 7/23/17 at 7:05 pm
Posted by Tuscaloosa
11x Award Winning SECRant user
Member since Dec 2011
46821 posts
Posted on 7/23/17 at 7:05 pm to
quote:

Incorrect. What I've reported is hearsay as I'm a third party. What the victims themselves say is not hearsay.

The key to whether or not something is hearsay is whether or not you're the witness or just someone the witneds/victim told the story too. Even then not all hearsay is created equal and quite a lot of it is used in the court of law to back up other evidence.


Hey man. What you've been presented with is a legal, textbook definition of the word hearsay. If you find that definition to be insufficient, take it up with the Supreme Court or something.

Hearsay is any statement given outside of the court of law. A victim's personal account of an event given to anyone in any setting outside of the court is still considered hearsay.
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