Criminal Evidence Essay Example | Topics and Well Written Essays - 1000 words

Criminal Evidence - Essay Example r reasoning was based on the fact that she heard a student along the hall was alluding that a bomb had been strategically placed in the building and would blow off at a later time (Noon). The other issue that arises in this case is the fact that Miss Maggie is not in position to provide evidence by showing the court the exact person who uttered these words; instead she seeks assistance from her defendant concerning this matter. Additionally, the prosecutor and the defendant have invited a witness (Mickie) who testifies that he actually heard Miss Maggie uttering the words that caused a scare in the college compound. However, he asserts that Miss Maggie informed him that she heard this information from an unspecified colleague. The utterances by the prosecutor and the defendant may be ascribed to the corpus of hearsay which has had various definitions depending on the scope of usage. There are various ways in which the court may rule the allegations of both the defendant and the prosecutor as mere hearsay. The first reasoning emerges from the fact that hearsay may regarded as the expression of presence sense impression; that is, the making statements by an individual at a certain period concerning perceived phenomenon (Federal Government 2008). In this case perception may arise from actual visualization of the scenarios or even hearing from third parties. This aspect may capacitate the court to rule that both the witness and the defendant statements are based on mere hearsay. Secondly, the statement made by the defendant may also be regarded as rumors which may also be referred as second hand information (CPS 2009). In this case, Maggie’s arguments may not be admissible owing to the fact that she cannot provide proof to support her idea that she heard the information/rumor from heard party. Certain laws related to hearsay posits that; hearsay evidence may be acceptable to prove that a person actually uttered some words but not admissible to prove facts