Pleading Not Guilty and Criminal Trials (1:VII): Difference between revisions

Anything the accused says to the police before or after the arrest is admissible as a confession ''only'' if the Crown first proves it was made voluntarily. See the Section X: Charter below for more information on confessions.

e)Hearsay Evidence Hearsay is generally defined as an out of court statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Hearsay is inadmissible unless the statement falls into one of the hearsay exceptions. The key factor in determining if a statement is inadmissible hearsay is its purpose.. The defining features of the Hearsay rule are: (a) the purpose of adducing the statement is to prove the truth of its contents and (b) the absence of contemporaneous opportunity to cross-examine the declarant. For example, if the witness on the stand states “the passenger said the light was red,” this is hearsay if: (a) the truth of the matter is to determine whether the light was red, and (b) the passenger who made this statement is not in-court and cannot be cross-examined.   There  are  some  traditional  exceptions  to  the  hearsay  rule,  through  which  such statements can be admissible. These include: 1.confessions;