What are the two prongs of determining the reliability of hearsay evidence?
Asked by: Mr. Werner Glover | Last update: August 23, 2025Score: 4.7/5 (75 votes)
The previous version of this rule imposed a two-pronged test, namely, for evidence to be legally adequate as a basis for finding a probation violation the rule required that it be both "substantially reliable," and, when the alleged violation was new criminal behavior, there had to be "good cause" for the absence of ...
What are two valid reasons for allowing hearsay evidence in a trial?
Impeachment of a witness by past statements, either under oath or not, or written statements of a witness that are inconsistent with current testimony are often allowed into evidence. Statements About Mental or Physical State: Past statements pertaining to internal condition (state of mind; amount of pain, etc.)
What are the two factors that make evidence admissible in court?
For evidence to get admitted in criminal trials, it must be relevant, material, and competent. This means the evidence must help prove or disprove some fact in the case. It doesn't need to make the fact certain, but at least it must tend to increase or decrease the likelihood of some disputed fact.
What is reliable hearsay?
Hearsay may be admissible when used to show inconsistency in a witness' statements on the stand, e.g., a witness relates something said by another witness that doesn't jibe with what the first witness said in court. This is considered reliable because it impeaches, or discredits, the witness' testimony.
What is the double hearsay rule?
Double-level or multiple-level hearsay (hearsay within hearsay) is admissible as evidence if each of the two or more statements qualifies as an exception under the Federal Rules of Evidence. However, the breadth of admissibility provided for with respect to multiple-level hearsay is subject to challenge.
Truth of the Matter Asserted | Understanding Hearsay (Finally)
What is the hearsay rule of evidence?
Hearsay rule is the rule prohibiting hearsay (out of court statements offered as proof of that statement) from being admitted as evidence because of the inability of the other party to cross-examine the maker of the statement.
What is the rule 803 3 hearsay?
Statements that describe a declarant's mental, emotional, or physical state at the time the statement was made are not barred by the hearsay rules. Common examples of this exception include statements that reflect the victim's fear of the defendant, or the defendant's intent to engage in a future act.
What is reliable evidence?
Reliable evidence refers to information or data that is trustworthy, consistent, and can be verified through reputable sources. This type of evidence is critical for supporting claims or arguments, as it enhances the credibility of the conclusions drawn from it.
What is the threshold reliability test?
Threshold reliability should be met if: The statement is made under oath or solemn affirmation after a warning as to possible sanctions if the person is untruthful; The statement is videotaped or recorded in its entirety; and. The opposing party has a full opportunity to cross-examine the witness on the statement.
What is the Fed rule of evidence?
The Federal Rules of Evidence govern the admission or exclusion of evidence in most proceedings in the United States courts. The Supreme Court submitted proposed Federal Rules of Evidence to Congress on February 5, 1973, but Congress exercised its power under the Rules Enabling Act to suspend their implementation.
What is the two prong test to determine the admissibility of an identification?
Baker, 70 M.J. 283 (as set forth in MRE 321(a)(1), MRE 321(a)(2)(B), and MRE 321(d)(2), in determining the admissibility of eyewitness identification, a trial court applies a two-prong test: (1) was a pretrial identification unnecessarily suggestive; and (2) if the pretrial identification was unnecessarily suggestive, ...
Can a judge close a case without seeing evidence?
There are many circumstances under which a judge in the USA not only can, but must, dismiss a lawsuit without first looking at the evidence. Some of the commonest and most obvious ones include: (1) There is no case or controversy. The Constitution imposes a “case or controversy” limitation on lawsuits.
What are the two requirements before an evidence can be admissible?
Generally, to be admissible, the evidence must be relevant ) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial , confusing, a waste of time, privileged , or, among other reasons, based on hearsay ).
What is inadmissible hearsay?
(a) “Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated. (b) Except as provided by law, hearsay evidence is inadmissible.
What is an illegal document commanding a person to bring a piece of evidence to court?
A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.
What is admissible to show reputation?
When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.
How do you test reliability?
Assessing test-retest reliability requires using the measure on a group of people at one time, using it again on the same group of people at a later time, and then looking at test-retest correlation between the two sets of scores. This is typically done by graphing the data in a scatterplot and computing Pearson's r.
What is the two point threshold test?
The two-point threshold is a test that determines whether or not a person can distinguish two separate points of contact on the skin. It is a test of tactile spatial acuity.
What are the four main dangers of hearsay?
Thus, the four “hearsay dangers” are insincerity, faulty perception, deficiencies in memory, and errors in narration. The rule excluding hearsay serves to guard against these dangers.
How do you know if evidence is reliable?
Reliable information must come from dependable sources. According to UGA Libraries, a reliable source will provide a “thorough, well-reasoned theory, argument, etc. based on strong evidence.” Widely credible sources include: Scholarly, peer-reviewed articles and books.
How can you determine if the evidence is valid or not?
- Currency: Timeliness of the information.
- Relevance: Importance of the information for your needs.
- Authority: Source of the information.
- Accuracy: Truthfulness and correctness of the information.
- Purpose: Reason the information exists.
What makes evidence valid and reliable?
Testing reliability and validity generally involves assessing agreement between 2 scores, either scores on the same measure collected twice (reliability) or scores on different measures (validity).
What is the no hearsay rule?
Rule 801(d)(1) delineates “declarant-witness's prior statements” as not hearsay. Rule 801(d)(1)(A) states that introducing statements made previously under oath that are now inconsistent with the witness's testimony is not considered hearsay.
What is the rule 805 hearsay?
Admissibility: Rule 805 states that hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the hearsay rule.
What is Rule 702 hearsay?
For this kind of generalized testimony, Rule 702 simply requires that: (1) the expert be qualified; (2) the testimony address a subject matter on which the factfinder can be assisted by an expert; (3) the testimony be reliable; and (4) the testimony “fit” the facts of the case.