Hearsay exceptions are noted.

As your wiretap investigation rolls on, you continue to pursue other investigative strategies. You are working with the AUSA to identify witnesses who can testify before a federal grand jury when it comes time to obtain indictments against the defendants. During an interview with one cooperating informant, the AUSA makes a distinction between the admissibility of hearsay evidence before the grand jury and the exclusion of it at trial. You realize that while you have a general understanding as to what constitutes hearsay evidence, you feel you need to become more familiar with the subject, especially relative to the exceptions to the hearsay rule before the grand jury.

Can you research and prepare a briefing. It should explain the concept of general hearsay and the rationale behind the hearsay rule. Could you also explain and discuss the two exceptions to the hearsay rule that they were assigned. Finally, could you explain how the use of hearsay in a federal grand jury verses differs from its use in a state court.

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...uld you explain how the use of hearsay in a federal grand jury verses differs from its use in a state court.

In general hearsay is a legal term that describes the use of out of court statements as evidence. This is evidence based on what a person has listened to someone say, rather than what he/she has in person experienced. In general, hearsay is a is a statement made out of judicial proceedings. Unless an exception applies, hearsay is not allowed as evidence.

The so called hearsay rule tells us what is hearsay and what are the exceptions to that rule. The rule is that any 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 ( See FEDERAL RULES OF EVIDENCE, ARTICLE VIII. Rule 802). The rational behind the hearsay rule is that a person's assertion may not be used as the same as a testimony to the fact asserted. The rule is lifted when ...