Question: It is time the rule against hearsay evidence in criminal proceedings was abolished and brought into line with the rule in civil proceedings. Discuss.
Answer: The hearsay ruling, one of the biggest exclusionary rules in the law relating to evidence, has often been criticised. There are those who support it and those who see little relevance in the rule, and would like to see it abolished. In civil cases, the rule now has little application, and could be seen as an indicator of the growing feeling of dissatisfaction with the rule . That said recent criminal cases have shown that the hearsay rule is still playing a part in cases and proving as problematic as ever . Its impossible to give a thorough look at hearsay in such little space , but a brief over view of what exactly the hearsay rule is, will be followed by a look at some of the problems it causes, and why abolishment may seem appropriate. Cross on Evidence defines Hearsay as: “A......(short extract)
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Details: - Mark: 62% | Course: Law of Evidence | Year: 1st | Words: 2005 | References: No | Date written: Not available | Date submitted: October 20, 2008 | Coursework ID: 153
