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Words: | Submitted: Mon Jun 19 2006
... the proceedings is inadmissible as evidence of any fact or opinion asserted". This is to prevent, a witness being called to testify that a person told them they saw a crime happen, though they themselves did not see it. However the hearsay rule in operation is not quite as simple as it first seems. There is a distinction made between original evidence and hearsay evidence. Whether a matter is hearsay, and inadmissible or not depends on the purpose the evidence is produced for. For example, witness A stating "I saw X stab Y" would be original evidence. Witness B stating "I saw A crying because she said she saw X stab Y" would be inadmissible hearsay if its purpose was to prove X as a murderer. However, if A had later killed X, then B's statement could be admissible if its purpose was to prove A's state of mind. An example ...
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