NCJ Number
27442
Journal
CRIMINAL JUSTICE MONOGRAPH Volume: 6 Issue: 2
Date Published
1975
Length
62 pages
Annotation
THE PURPOSE OF THIS STUDY IS TO PROVIDE A COMPREHENSIVE MANUAL ON HEARSAY EVIDENCE FOR USE BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS IN TEXAS.
Abstract
A SUMMARY OF THE HISTORICAL DEVELOPMENT OF THE HEARSAY RULE IS PRESENTED, ALONG WITH CONSTITUTIONAL OBJECTIONS TO ITS ADMISSIBILITY. THE TERM 'EVIDENCE' IS DEFINED AND DESCRIBED. 'HEARSAY' IS DEFINED AND THE MAJOR EXCEPTIONS TO THE RULE ARE EXAMINED IN VIEW OF STATUTORY AND DECISIONAL LAW. THE STUDY CONCENTRATES ON THE FOLLOWING PRIMARY AREAS: (1) DEFINITION AND DESCRIPTION OF EVIDENCE; (2) HISTORY AND DEFINITION OF HEARSAY EVIDENCE; () THE HEARSAY RULE AND ITS MAJOR EXCEPTIONS; (4) CONSTITUTIONAL OBJECTIONS TO HEARSAY ADMISSIBILITY, AND (5) USE OF HEARSAY EVIDENCE IF ESTABLISHING PROBABLE CAUSE. EXISTING MODEL LEGISLATION IS DISCUSSED, INCLUDING THE UNIFORM RULES OF EVIDENCE AND THE MODEL CODE OF EVIDENCE. IN ADDITION, AN EXAMPLE OF AN ADOPTED EVIDENCE CODE IS BRIEFLY REVIEWED FOR RECOMMENDATIONS OF AN EVIDENCE CODE FOR TEXAS. A BRIEF BIBLIOGRAPHY IS INCLUDED. APPENDED ARE A LIST OF PERTINENT CASES AND A LIST OF APPLICABLE TEXAS STATUTES. (AUTHOR ABSTRACT)