Evidence rules promote reliable fact-finding by admitting only trustworthy, relevant proof.

Evidence

The prosecution, like the defense, is governed by rules of evidence that prescribe what evidence can be presented and how it can be presented. These rules serve to promote reliable fact-finding by admitting only evidence that is trustworthy and relevant. For example, the rules of evidence generally exclude hearsay—that is, testimony a witness provides based not on personal knowledge but on what another person has said—because there is no way to test its trustworthiness through cross-examination. — G. Alan Tarr, Judicial Process and Judicial…, 1385

Categorization

  • DEFINE: Gives the textbook definition of hearsay and the rationale (no cross-examination) for excluding it.
  • XREF: Links the adversarial process to the course’s foundational value of fairness in adjudication. — connects to: Broad discovery rules exist to make verdicts rest on evidence rather than trial tactics. — G. Alan Tarr, Judicial Process and Judicial…, 2223; Credible commitment requires evidence, not mere declaration — Russell Hardin, Trust and Trustworthiness, 197; Trust is a kind of knowledge grounded in trustworthy evidence — Russell Hardin, Trust and Trustworthiness, 682 (+3 more)

Broader Connections