Access over 20 million homework & study documents
search

20201130190309laws of evidence

Content type

User Generated

Rating

Showing Page:
1/5
Running Head: HEARSAY RULE 1
Hearsay Rule
Student Name
Course
Institution
Instructor
Date

Sign up to view the full document!

lock_open Sign Up
Showing Page:
2/5
HEARSAY RULE 2
a. What is the hearsay rule?
Hearsay is an out of court statement but made in court to prove the asserted truth. It is a
statement given in court by a person other than the witness (Allen, 2015). In simple terms,
hearsay is evidence of a statement that was made not by the witness at the trial and is offered to
prove the asserted truth (FindLaw, 2018). The hearsay rule establishes proof that bars statements
or reports into evidence once the declarations are provided to prove authenticity. According to
Allen (2015), hearsay can also be described as “second-hand” knowledge.
b. What major cases were involved in the establishment of the hearsay rule?
Summarize.
State of Colorado v Ennio Daniel
This was a trial of Ennio Daniel, a 51-year old. It was argued that he had invited a 25-
year old lady with Down syndrome for lunch and a movie. Daniel made the lady believe that her
co-workers would be present in the movie but instead, Daniel drove the lady to his friend’s house
where he held and raped her the whole day (Legal Dictionary, 2015).
Giles v California
This a case of domestic violence hearsay evidence in the case of Brenda Avie’s murder
by Dwayne Giles, her ex-boyfriend. During the trial, Giles claimed that he acted out of self-
defense. The court had allowed police officers to testify where they stated that before the murder,
Brenda had made some statements to them that Giles had threatened her (Legal Dictionary,
2015).
c. What is the rationale behind the hearsay rule?

Sign up to view the full document!

lock_open Sign Up
Showing Page:
3/5

Sign up to view the full document!

lock_open Sign Up
End of Preview - Want to read all 5 pages?
Access Now

Unformatted Attachment Preview

Running Head: HEARSAY RULE 1 Hearsay Rule Student Name Course Institution Instructor Date HEARSAY RULE 2 a. What is the hearsay rule? Hearsay is an out of court statement but made in court to prove the asserted truth. It is a statement given in court by a person other than the witness (Allen, 2015). In simple terms, hearsay is evidence of a statement that was made not by the witness at the trial and is offered to prove the asserted truth (FindLaw, 2018). The hearsay rule establishes proof that bars statements or reports into evidence once the declarations are provided to prove authenticity. According to Allen (2015), hearsay can also be described as “second-hand” knowledge. b. What major cases were involved in the establishment of the hearsay rule? Summarize. State of Colorado v Ennio Daniel This was a trial of Ennio Daniel, a 51-year old. It was argued that he had invited a 25year old lady with Down syndrome for lunch and a movie. Daniel made the lady believe that her co-workers would be present in the movie but instead, Daniel drove the lady to his friend’s house where he held and raped her the whole day (Legal Dictionary, 2015). Giles v California This a case of domestic violence hearsay evidence in the case of Brenda Avie’s murder by Dwayne Giles, her ex-boyfriend. During the trial, Giles claimed that he acted out of selfdefense. The court had allowed police officers to testify where they stated that before the murder, Brenda had made some statements to the ...
Purchase document to see full attachment
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Anonymous
I was having a hard time with this subject, and this was a great help.

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4