preview

Essay On Hearsay

Decent Essays
Is this testimony barred by the hearsay rule? Hearsay Hearsay is a statement, other than the one made by the declarant testifying the court, offered in evidence to prove the truth of the matter asserted. Here, the FRE hearsay exception applies to the statement offered for the purpose of identifying a person who was seen. The rule provides that out-of-court statements offered for identifications are not barred as they are generally preferred to in-court identifications. Due to the less time lapse since the event with respect to out-of-court identifications, these identifications are believed to be more reliable and trustworthy than the in-court identifications. Because it is only natural that the witness’s memory fades as time passes,…show more content…
Here, the primary purpose of the statement is to prosecute the defendant because the customer picked the defendant as a suspect out of the lineup with the law enforcement officer present, presumably at the police station. There is no indication that the statement was being made during the ongoing emergency. The customer’s identification statement was recorded as part of the police investigation conducted on their premises. Therefore, it is testimonial and falls within the Confrontation Clause protection. The identification was offered to prosecute the defendant. Accordingly, the clause protects the accused’s rights for an opportunity for effective cross-examination. However, it does not guarantee the accused to actually have one. While the customer is unavailable at the trial for the defendant to be confronted with, the police officer who was present at the time of the identification will testify, and his testimony is deemed to be highly reliable. In addition, the defense attorney can be given an opportunity to effectively cross-examine the officer. Therefore, it does not violate the Sixth
Get Access