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should prosecutors in a murder case be able to use hearsay evidence against

[Replies: 25]
Last Post May 6, 2009 6:03 PM by: passivenomore
passivenomore
Posts: 4
Registered: 5/6/09
(26 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence against

May 6, 2009 6:03 PM
No! Anyone can say anything to sway a verdict!
DarleneLipp
Posts: 7
Registered: 1/5/09
(25 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence against

Jan 5, 2009 3:01 PM
NO definatley not, no hearsay evidence at all!!
KU4GWCLIFF
Posts: 1
From: Taylorsville, NC
Registered: 9/18/08
(24 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence against

Sep 18, 2008 11:30 AM
Definitely not!
oswyfn
Posts: 2
Registered: 4/10/08
(23 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence against

Apr 10, 2008 7:34 PM
No, hearsay evidence should not be used.
rpjacks
Posts: 8
Registered: 3/28/08
(22 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence against

Apr 1, 2008 6:05 PM
Simple answer is no.

The reason "hearsay" evidence is called hearsay is because there is no way to coroberate that what the person says they have heard came directly from whom they say it does or even if they heard what was actually said or interpretted what they wanted to hear.

It isn't even an issue of fairness it's more about the openess of the interpretation of information. I read the post about the man who was burned alive in his car and died a week later. Due to the circumstances in most states I'm aware of your brother's statement would be considered a dying declaration and thereby be admissable as evidence in court.

The bigger question is whether someone should be tried on the basis of someone elses statements. Worse is when a criminal cuts a deal to talk about a separate crime their partners supposedly committed. It is shameful that prosecutors can ask me if the guy I robboed the quickie mart with had killed his wife and give me a deal that reduces or eliminates my sentence or charges based on me saying yes. If I robbed the place, how can you trust me to tell you the truth? If you told me that I was going to get out of jail or not be tried for MY crimes, I'd tell you that Pope Benedict had sodomized the woman's body while she was burning if that's what you wanted to hear. Please forgive my overly ugly graphic description but I think that by putting it that way people might remember that testimony by criminals about the actions of others should always be suspect.

By the way, I have committed 1 crime in my life, I stole a box of Mr. Salty pretzels from my neighborhood deli when I was about 8, but I brought them back about 5 minutes later and told the owner I was sorry. He always greeted me fondly when I came in after that.
kellyoehm
Posts: 3
From: Kansas
Registered: 9/24/07
(21 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence against

Dec 29, 2007 2:19 AM
Absolutely not!!
JTrentVines
Posts: 5
From: Birmingham, AL
Registered: 12/11/07
(20 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence aga

Dec 20, 2007 4:34 AM
No - hearsay is exactly what it is.. Hearsay.. I think it's only purpose is to prejudice a jury for the prosecutor's advantage and if it can't be used in defense of a defendant, it shouldn't be used in the prosecution of a defendant. Our justice system should be more clearly defined on can's and cannot's, because I've seen many episodes of AJ in which I thought the defendants were guilty and if they were, I don't think hearsay did anything for or against the prosecution if the proper evidence was used to convict the defendant.
citchus
Posts: 1
Registered: 1/29/07
(19 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence against

Jan 29, 2007 11:27 AM
No one should be convicted over the idea that someone said something, without credible evidence, and without certain reasons that apply for the protection of a witness' life. But, to just deny the defendent his /her rights is unconstitutional, even for the court to do it, being they are the ones who protect the constitution . I've also known prosecutors also make it bad for all prosecutors to do their jobs when there are prosecutors who criminally misuse their position because they are in the job 'to win, not to lose'. A prosecutor like Dan Milano,make it hard for others to use their prosecutorial tactics without the people using injustice as an excuse.
Also, the constitution does give the people the right to be protected and the right to cross examine the accuser, face-to-face.
We are all guilty of criminality when it comes down to just hearsay. So, we as people will always deny what is said against us, till the truth breaks forth. Sadly to say, important cases take time to prove, I think that if the man was guilty, the prosecutors' side has made a mistake, cause just on the grounds of someones rights has been violated has released criminals even when they were guilty.
So the fight goes on, will the court take it upon themselves to convict someone who is protected by the same rules that is said to protect the defendent, an excuse for the court to convict for political reasons?
Judges have to think about how many criminals they have convicted in order for the people to continue to have him on the bench.
shelley46
Posts: 123
From: California
Registered: 7/22/06
(18 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence against

Dec 13, 2006 10:31 PM
Chantilly: How hard is it for one liar to ask another one to back him or her up? You are assuming that two honest people will make the same statement, but that is not the case always. After all, you're talking about humans with all their intentions and various motivations. Hearsay evidence should never be allowed.
LadyFrankenstein83
Posts: 5
Registered: 12/13/06
(17 of 26)

No

Dec 13, 2006 5:01 PM
Well if 10 people say he's a witch , he MUST be a witch!

People tend to like to gossip between themselves and exaggerate.
Rumor does not equal evidence.

You need to have coroborating physical and scientific evidence to prove BEYOND ANY REASONABLE DOUBT that someone committed a crime for a just conviction.

I honestly think that the burden of proof needs to be met with evidence and not words.

--
Edited by LadyFrankenstein83 at 12/13/2006 2:02 PM

--
Edited by LadyFrankenstein83 at 12/13/2006 2:06 PM
Farkel
Posts: 1
From: Utah
Registered: 11/1/06
(16 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence against

Nov 2, 2006 8:08 PM
NO,, But then a lot of things are done in courts accross the great nation that should never be allowed.
dianne12
Posts: 1
Registered: 11/2/06
(15 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence against

Nov 2, 2006 4:56 PM
I just watched the Black Widower show. The hearsay in this case was appropriate. While Bob Hand was on the stand, and asked if he killed his best friend Lonnie Welch, he said "yes I did kill Lonnie Welch (pause and tripping over his tongue for a second) after shooting my wife." Did anyone else hear him say that? It sounds to me like he inadvertently admitted to killing his wife. In this case, the hearsay should be admitted since there was no way to cross examine Lonnie Welch since the defendant Bob Hand had murdered him.
cjswife
Posts: 308
From: decatur alabama
Registered: 4/20/06
(14 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence against

Jul 19, 2006 3:55 AM
> Although I do know that Lawyers Lie, especially the
> defense ones, My twin brother was murdered, someone
> poured gas on him in a vehicle and set him and the
> car on fire, he lived for a week, but before he died
> he was able to tell who did it to the paramedics, the
> police, the DR etc, (that was considered hearsay)
> They almost did not allow it in the case, and that is
> the MOST important thing that convicted the criminal,
> it was on a
> video tape however on a gas station security camera,
> but
> the criminal lies too, said it was not him..... I
> guess it
> would depend on the circumstances??? It is a hard
> call..

Iam so sorry for your lost, that is awful. I do think hear say should be allowed in alot of cases. Like if you have a wife who is scared of her hubby, and vice verser, they have told people if I end up dead you will know it was my spouse. I know people lie, but if people are telling friends, family, coworkers, etc.. and they end up dead it should be allowed. Just think if it was our loved ones like mitzi said, wouldnt you want justic for your loved one? I know I would.
supergoof
Posts: 1
Registered: 7/12/06
(13 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence aga

Jul 12, 2006 11:58 AM
No, because it cannot be validated. Least of all should it be involved in a murder case, because the defendants very life rests on the verdict in some cases. Unless it can be proven it should never come to court. It can be used in the investigative process, but not in the courtroom.
drlacombesr
Posts: 3
Registered: 2/11/06
(12 of 26)

Re: should prosecutors in a murder case be able to use hearsay evidence against

Feb 11, 2006 11:51 PM
No I think that hearsay is the most unreliable testimony known to the world. I also feel that district attorneys should be more interested in the truth than getting a conviction. Too often DA's look at a conviction as a milestone in their personal political career rather than looking at the true facts of a case.
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