medium · LSAT Reading Comprehension
The rule against hearsay generally prohibits the admission of out-of-court statements offered to prove the truth of the matter asserted. The rationale for this rule is that such statements are considered unreliable because the declarant was not under oath and is not available for cross-examination at trial. Cross-examination is seen as the 'greatest legal engine ever invented for the discovery of truth,' as it allows the opposing party to test the declarant's perception, memory, and sincerity. However, the rule against hearsay is subject to numerous exceptions for statements that are considered to have a high degree of trustworthiness despite being made out of court. For example, 'excited utterances'—statements made while under the stress of a startling event—are admitted on the theory that the stress of the moment prevents the declarant from fabricating a lie. Similarly, 'business records' are admitted because the routine and systematic nature of their creation makes them inherently reliable.
The reference to 'the greatest legal engine ever invented for the discovery of truth' serves to:
- Stress the value placed on a procedural mechanism whose absence is the very reason hearsay is generally barred.
- Supply evidence that juries are frequently and predictably misled by statements first made outside of court.
- Maintain that excited utterances are the single only reliable avenue available for uncovering truth at trial.
- Show that modern recording technology has now rendered the traditional hearsay rules entirely obsolete.
- Explain why certain trustworthy out-of-court statements are admitted as recognized exceptions to the hearsay bar.
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