Define hearsay, give examples of different types, and explain how it is used in criminal trials.

Question

What will be an ideal response?

Answer 1

This information may come from eyewitnesses, crime victims, police officers, or informants. The problem with hearsay is that it is difficult to determine whether secondhand information is truthful and accurate. This is because the police officer who appears before the judge did not actually witness the events himself or herself and is reporting the observations of another person. Judges in criminal trials, for this reason, strictly limit the introduction of hearsay evidence. The police do not have the luxury of deciding whether to rely on hearsay. Law enforcement officers must react immediately to reports of crime and would be criticized for failing to investigate a citizen’s complaint that an armed and dangerous individual is in a school parking lot.
In determining whether hearsay provides probable cause, courts follow several simple rules. First, eyewitnesses and victims along with police officers are considered reliable, and their reports are accepted as accurate. Second, informants are presumed to be unreliable, and as a result, the information provided by informants must satisfy strict standards before a judge or magistrate finds that the information constitutes probable cause.