Explain why the Hearsay Rule was developed and why the admission of hearsay in a criminal trial may violate the defendant's Sixth Amendment rights

Question

What will be an ideal response?

Answer 1

The Hearsay Rule arose from the court's distrust of statements that were made out of court. The person who made the out-of-court statement had not sworn an oath to tell the truth; therefore the statement was less reliable than testimony given at trial. Additionally, there was the possibility that the testimony at trial did not accurately present what was said outside the courthouse. While the jury could view the person who was testifying and assess their credibility, they did not have the opportunity to observe the body language and behavior on the person who originally made the statement.
The Sixth Amendment gives the defendant the right to confront his/her accusers. This is interpreted to mean that the person who is accusing the defendant of a crime should testify at trial under oath. The oath assures that the person will testify truthfully. Confronting the accuser translates into cross examining the person during trial. Our court system places a great deal of faith in the power of cross examination to disclose the truth. Allowing a witness to tell the jury what someone else said outside the courtroom deprives the defendant of both of these rights.