California, United States of America
The following excerpt is from In re Corpus, G054523 (Cal. App. 2018):
The common law rule barring the admission of hearsay evidence - out of court statements used to prove the truth of the matter asserted therein - is likewise designed to enhance the reliability of trial evidence. (See United States v. Winters (6th
Page 8
Cir. 1994) 33 F.3d 720, 723 [citing the reliability of evidence and the opportunity for cross-examination as the twin goals of the hearsay rule]; McCormick on Evidence (2d ed. 1972) 250 at pp. 598-99 [the hearsay rule is intended to guard against "imperfections of perception, memory, and narration"].) To that end, the rule generally precludes the jury from considering extrajudicial statements that are relayed through a witness other than the declarant. (Evid. Code, 1200, subd. (b).) Like all evidentiary rules, this prohibition aims to ensure "both fairness and reliability in the ascertainment of guilt and innocence." (Chambers v. Mississippi (1973) 410 U.S. 284, 302.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.