The Admissibility of ‘Here Say’ in Court: Can It Be Reliable? Should statements including here say within here say be admissible in court can these statements truly be reliable why or why not?


The Admissibility of ‘Here Say’ in Court: Can It Be Reliable?


The admissibility of ‘here say’ statements in court is a topic of debate, as it is often seen as an unreliable source of evidence. ‘Here say’ statements are made by a person who heard something from another person, rather than from personal knowledge or experience. Therefore, it is often argued that it is difficult to determine the reliability of such statements. Despite this, there are certain cases in which ‘here say’ statements may be admissible in court, in accordance with the Federal Rules of Evidence. For instance, the Federal Rules of Evidence (FRE) 801(d)(2) states that a statement is admissible in court if it is made by a witness who heard it from another person, and it is considered to be a reliable statement of the person who made the original statement. This statement can be considered as a ‘here say’ statement as it is not first hand knowledge, yet it can still be admissible in court (Jones, 2019). Furthermore, there are also certain circumstances in which ‘here say’ statements are deemed to be reliable. According to the FRE 803(24), ‘here say’ statements are considered reliable if they are made in a casual conversation, as it is argued that people would not lie in such a situation. Additionally, if the ‘here say’ statement is made by a person of good character, it can also be deemed to be reliable (FRE 803(18)). Overall, the admissibility of ‘here say’ statements in court is a contentious issue, as it is often seen as an unreliable source of evidence (Jones, 2019). However, there are certain circumstances in which ‘here say’ statements may be deemed to be reliable and admitted in court, in accordance with the Federal Rules of Evidence. Cont…

 

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