Criminal Evidence

Criminal Evidence

Student’s Name

Institutional Affiliation

Criminal Evidence

Hearsay is not confined to oral statements or writings. Nonverbal conduct that is the equivalent of a verbal statement can be hearsay. All courts agree that conduct intended as a substitute for words is within the hearsay prohibition when offered to prove the truth of the intended assertion. Assertive conduct of this type would include physical gestures such as sign language, affirmative nods, or communicative motions in answer to questions, or identification of a person by pointing to him.

A related and more difficult question is presented when the actor – declarant does not intend his conduct to communicate anything. Instead, his conduct is offered circumstantially as an implied assertion of a relevant fact.

Rumors usually goes back to England in 1603, when Walter Raleigh said that he was going to cut throat of king. This declaration was overheard by the witness who said another person. By making this declaration Raleigh was tried for treason (O'Connor, 2004).

Hearsay, according to the Federal Rules of evidence Rule 802 (C), is consider as "a declaration, other than one did by the declarant while testifying at trial or hearing, offered in evidence, the truth is asserted" (Nemeth, 2001, p. 20 Section 5). Declarant is the person who issued the original declaration, but is, in more cases, not available to give evidence and cross-examination (Nemeth, 2001). Statement made out of court is hearsay if it is used to prove the assertion of the truth or validity of writing or act (Nemeth, 2001). The application can be one of a following two: (a) written or oral approval or (b) non-verbal behavior (O'Connor, 2004).

In this case there are verbal and non-verbal hearsay. Where the prosecutor called Miss Maggie to the stand can see an example of verbal and nonverbal hearsay. Miss Maggie said she heard a student saying that a bomb planted...