Difference between revisions of "Hearsay"

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'''Hearsay''' is an out-of-[[court]] statement, by someone other than the [[witness]] testifying, admitted to prove the truth of what was asserted in the statement. Literally it comes from "hear it said," which is inherently unreliable as to the truth what was supposedly said.  [[Gossip]] is a type of hearsay.  The concept is best thought of as codifying the unreliability of secondary or tertiary knowledge.
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'''Hearsay''' in its everyday usage refers to a statement repeated from what one has heard from a third party, without any attempt to verify its validity. [[Gossip]] is a type of hearsay. Literally the term comes from "hear it said," which is inherently unreliable as to the truth what was supposedly said.<ref>https://www.dictionary.com/browse/hearsay</ref> [[Isaiah]] criticized reliance on hearsay as unworthy of the [[Lord]]: "He will delight in obeying the LORD. He will not judge by appearance nor make a decision based on hearsay."<ref>Isaiah 11:3 (New Living Translation).</ref>
  
Explained another way, '''hearsay''' is evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else.  
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Hearsay also has a specific usage in the legal profession: hearsay is an out-of-[[court]] statement, by someone other than the [[witness]] testifying, admitted to prove the truth of what was asserted in the statement. The concept is best thought of as codifying the unreliability of secondary or tertiary knowledge.
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Explained another way, hearsay is evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else.  
  
 
Hearsay is typically excluded from legal proceedings due to its lack of reliability for reasons including the following:
 
Hearsay is typically excluded from legal proceedings due to its lack of reliability for reasons including the following:
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*certain prior statements by a witness (F.R.Evid. 801(d)(1) - not considered to be hearsay at all)
 
*certain prior statements by a witness (F.R.Evid. 801(d)(1) - not considered to be hearsay at all)
 
*admissions against a party's own interest (in the [[federal]] rules, F.R.Evid. 801(d)(2) this is not considered hearsay at all)
 
*admissions against a party's own interest (in the [[federal]] rules, F.R.Evid. 801(d)(2) this is not considered hearsay at all)
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*records habitually kept by a person with knowledge of a matter (the "business records exception")
 
*dying words
 
*dying words
*things said in the midst of an occurance - the ''res gestae''
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*things said in the midst of an occurrence - the ''res gestae''
 
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*statements in learned treatises, provided that the statements are read by an expert on the witness stand
 
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*statements made in the course of seeking medical treatment, legal advice, or confidential communications between spouses made during the marriage.
'''Hearsay''' only refers to statements offered to prove the truth of the matter asserted.  It does not apply or limit use of testimony about hearing a statement, if not offered to prove the truth of the matter asserted.  For example, Bob hearing someone tell him that Richard had stolen his car is not evidence that Richard stole Bob's car, but it can be evidence that Bob '''believed''' his car had been stolen by Richard (and was therefore angry with Richard).  This exception is generally called the "State of Mind" rule. 
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==Wikipedia and the hearsay society==
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[[Image:Jdfu6r7.JPG|right|thumb|''Sapere aude!'' The Enlightenment thinker [[John Locke]].]]
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The online encyclopedia [[Wikipedia]] is fundamentally based on hearsay. Assertions made in Wikipedia articles are required to be supported by references; this superficially gives an impression of rigor, but in practice it leads to a [[parrot]]ting of the opinions of others, ie hearsay, and a negation of the individual's ability to use his intelligence to make connections and insights based on [[logic]]. Wikipedia typically dismisses logical inferences as original research, which, according to Wikipedia policy, is contrary to the pillar that Wikipedia articles present topics from a neutral point of view and represent the major points of view in a "balanced and impartial manner", and they are swiftly deleted, regardless of their insight or obvious truth.
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While original research is permitted on other Wikimedia projects, such as Wikiversity and Wikibooks, these are typically obscure and have negligible impact compared to Wikipedia. They may even have been established deliberately to channel original thought away from the mass exposure it would receive on Wikipedia.
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Hearsay only refers to statements offered to prove the truth of the matter asserted. It does not apply or limit use of testimony about hearing a statement, if not offered to prove the truth of the matter asserted.  For example, Bob hearing someone tell him that Richard had stolen his car is not evidence that Richard stole Bob's car, but it can be evidence that Bob '''believed''' his car had been stolen by Richard (and was therefore angry with Richard).  This exception is generally called the "State of Mind" rule.  
  
Thanks to the growth and popularity of Wikipedia, the flawed expectation that all statements must be referenced has spread elsewhere, both in online communities and wider society, to the point where many are reluctant to express any view unless others have said it first. The result is a '''hearsay society''', where popularly-espoused "facts" are repeated and circulated endlessly, while truths and new insights are shut out, ignored or actively [[censorship|censored]].
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==References==
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{{reflist}}
  
Ironically, this subservience to hearsay and the authority of others is antithetical to the spirit of the [[Enlightenment]] which gave birth to the [[scientific method]] - even though many of its most diligent proponents would claim to be scientists themselves. The motto of the Enlightenment was ''Sapere aude!'' - ie "Dare to know [for yourself]!" rather than uncritically accept what you are told. This has been twisted out of all recognition by today's self-proclaimed "scientific community" and other groups, as they claim to idolize the great scientific thinkers while rejecting the spirit of inquiry that brought them their success.
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==See also==
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*[[Hearsay society]]
  
 
[[Category:Legal Terms]]
 
[[Category:Legal Terms]]
[[category:evidence]]
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[[Category:Evidence]]

Revision as of 15:58, June 2, 2019

Hearsay in its everyday usage refers to a statement repeated from what one has heard from a third party, without any attempt to verify its validity. Gossip is a type of hearsay. Literally the term comes from "hear it said," which is inherently unreliable as to the truth what was supposedly said.[1] Isaiah criticized reliance on hearsay as unworthy of the Lord: "He will delight in obeying the LORD. He will not judge by appearance nor make a decision based on hearsay."[2]

Hearsay also has a specific usage in the legal profession: hearsay is an out-of-court statement, by someone other than the witness testifying, admitted to prove the truth of what was asserted in the statement. The concept is best thought of as codifying the unreliability of secondary or tertiary knowledge.

Explained another way, hearsay is evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else.

Hearsay is typically excluded from legal proceedings due to its lack of reliability for reasons including the following:

  • the speaker of the hearsay may have been uninformed
  • the speaker of the hearsay may have been lying, without providing the court an attempt to check against the alleged declarant

There are limited exceptions that do allow the admission of hearsay as evidence when special circumstances make the hearsay more reliable than usual. These exceptions include, for example:

  • certain prior statements by a witness (F.R.Evid. 801(d)(1) - not considered to be hearsay at all)
  • admissions against a party's own interest (in the federal rules, F.R.Evid. 801(d)(2) this is not considered hearsay at all)
  • records habitually kept by a person with knowledge of a matter (the "business records exception")
  • dying words
  • things said in the midst of an occurrence - the res gestae
  • statements in learned treatises, provided that the statements are read by an expert on the witness stand
  • statements made in the course of seeking medical treatment, legal advice, or confidential communications between spouses made during the marriage.

Hearsay only refers to statements offered to prove the truth of the matter asserted. It does not apply or limit use of testimony about hearing a statement, if not offered to prove the truth of the matter asserted. For example, Bob hearing someone tell him that Richard had stolen his car is not evidence that Richard stole Bob's car, but it can be evidence that Bob believed his car had been stolen by Richard (and was therefore angry with Richard). This exception is generally called the "State of Mind" rule.

References

  1. https://www.dictionary.com/browse/hearsay
  2. Isaiah 11:3 (New Living Translation).

See also