If an individual is charged or prosecuted for a crime based on another's dying declaration, it can be argued that they are deprived of their constitutional right (6th amendment) to confront witnesses against them (since they are now dead).Added: The cogent legal fact is that a genuine dying declaration is an exception to the hearsay rule and can be admitted as evidence in court.ONLY if the individual actually manages to survive can the declaration be challenged.
The Declaration of Independence declared to Great Britain that the United States was an country independent from their rule.
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Because it is accepted that person making a dying declaration, in an effort to clear their conscience, will make a truthful statement. The cogent legal fact is that genuine dying declarations are an exception to the hearsay rule and may be admitted as evidence in court.
Whether they are true or not is not the question. The cogent legal fact is that genuine dying declarations are an exception to the hearsay rule and may be admitted as evidence in court.
If an individual is charged or prosecuted for a crime based on another's dying declaration, it can be argued that they are deprived of their constitutional right (6th amendment) to confront witnesses against them (since they are now dead).Added: The cogent legal fact is that a genuine dying declaration is an exception to the hearsay rule and can be admitted as evidence in court.ONLY if the individual actually manages to survive can the declaration be challenged.
Hearsay is an evidentiary guideline. You would have to consult each particular state's Rules of Evidence to see if they have adopted a rule similar to Rule 801 of the Federal Rules of Evidence.
An extrajudicial statement is an out-of-court utterance, either written or oral. When offered into court as evidence, it is subject to the http://www.answers.com/topic/hearsay rule and its exceptions.
Actually there are several exceptions to the "hearsay rule." You may want to use a search engine (I recommend WikiPedia) to check it out.
In Stroud v. Golson, the court found that the hearsay evidence presented was inadmissible because it did not fall within any of the exceptions to the hearsay rule. The court emphasized the importance of ensuring that only reliable and trustworthy evidence is used in legal proceedings to protect the rights of the parties involved.
It is evidence that has been ruled "INADMISSABLE" by the trial judge. One is tempted to answer this question with "hearsay" evidence. HOWEVER - that would be wrong. There are so many exceptions to the hearsay rule that the only way the admissability of hearsay can be determined is by submitting it to the trial judge and having the judge rule on it. It is entirely possible that, due to the legal cirecumstances of the case, hearsay evidence could be included. However, if the judge rules against it, it becomes "inadmissable." THUS - information that cannot be used against the accused is called "inadmissable evidence."
Hearsay (information obtained second-hand, such as something overheard) is, absent certain conditions, inadmissible as evidence at trial. However, there are numerous exceptions to the hearsay rule. It's impossible to answer your question without knowing the facts of the case and the hearsay rules in the jurisdiction where the case is being heard.
No, since the question presumes the evidence is hearsay; therefore it is inadmissible even if the witness had the highest degree of credibility. There are many exceptions to the hearsay rule and many instances where an out of court statement seems to be inadmissible hearsay but is not (i.e. non hearsay hearsay), that it serves no purpose to provide facts that would allow the statement to be used at trial. If the question posed more facts than just the statement that the evidence is hearsay, they would show whether the statement is admissible under an exception or as non hearsay hearsay. Once the statement is admitted as evidence it would be up to the jury to determine if the witness is believable.
A person can not be charged with an offense or crime based on noting but hear say. There has to be evidence to convict a person. A judge determines the final outcome.