Discuss the concept of Hearsay. Create three example scenarios of three different exceptions.

 

Hearsay concept refers to the statements that are out of court and which are made in the court. They usually do not have to be spoken as body language or documents can be used. Hearsay concept is usually deceptively simple but it comes with several exemption in its application. Hearsay concept at its core is for the prevention of the out of court and the nature of evidences as it comes with a lot of potential unreliability. The use of hearsay evidences is not admissible unless on a provision by a rule or by a statute. The three most common exceptions are:

1.      Then -Existing mental, emotional or physical condition- this involves statements not offered for the truth of the given statement but instead focus on showing the state of mind. An example is where a person provides a testimony of a heated argument that shows anger and not providing witness information of what was actually said.  

2.      The present sense impression. The use of hearsay statement is only allowed if it describes an event during the occurrence or immediately after. An example is one a person delivering the hearsay says "We are really going fast " in the description of occurrence

3.      Excited utterance- the hearsay must come with a starling event for the person delivering the hearsay and that the declarant statement made was under this excitement. An example is when the person delivering the hearsay uses such word as, "Look out! We are going to fall!" the statement in this instance made under such stressful condition may likely be trustworthy and therefore unlikely to be a premeditated falsehood.