1) In the prosecution of a defendant, John, for the murder of Bill, the state ca

Question

1) In the prosecution of a defendant, John, for the murder of Bill, the state calls a witness to testify that he heard Debbie (a friend of the defendant) say to the defendant, “bill is a gang member who has knifed several people.” Is this statement hearsay? Is it admissible ?

2) I’n the prosecution of a defendant for burglary, the prosecution calls the arresting officer to testify that on the way to the police station after he was arrested, the defendant confessed that he had committed the crime is this evidence hearsay? Is it admissable?

Explanation / Answer

1}

The statement is a hearsay and it is inadmissable because it has not testified by the investigating officer. Also, has not witnessed any killing but only heard what Debbie was saying to the defendant.

2)

If the police officer had recorded the confession on tape recorder, then it could have been an evidence against the defendant, but in this scenario, the confession would be considered as a hearsay. But, it is admissable because the statement has been made by the investigating officer, and would be used for further court procedures.

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