Hearsay and exemptions to hearsay - Research Paper Example

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Hearsay and Exemptions to Hearsay Introduction The idea of ‘hearsay’ in legal cases is principally regarded as the information or statement which is collected by an individual from any source concerning an event of which the first person had no direct relation with the event…
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Download file to see previous pages The notion of preliminary hearing is also acknowledged as “probable cause” hearing which acts as a proceeding in which the prosecuting authority ought to ascertain in court that they possess feasible grounds to arrest a particular individual being accused as criminal. In relation to the Wisconsin Laws, the aspect of preliminary hearing has been primarily designed for the advantage of those imprisoned individuals, who are unable to post any sort of bonds ensuring that they are not detained in jail due to any irrelevant charges imposed over them. Nevertheless, the imprisoned individuals who are not able to post any kind of bonds are allowed to request for a preliminary hearing in order to dismiss the case based on specified grounds (Siegel, 2009). It has been viewed that the major aim of preliminary hearing is to verify the reality that whether a prosecutor possesses sufficient proof in order to validate further illicit proceedings against any accused individual. Furthermore, the other main target of preliminary hearing is that it tends to establish the reality that there lay every possible ground to believe that an individual has been imprisoned on the basis of the filed charges against committing a criminal act (Herman, 2006). In this discussion, whether hearsay can be used in preliminary hearings on the basis of Wisconsin laws will be taken into concern. Moreover, certain grounds relating to the exemptions of hearsay will also be portrayed in the discussion henceforth. A Brief Overview of Preliminary Hearing The role of preliminary hearing in criminal cases can be well justified in relation to the present hearsay laws in the US statutory procedure and the recently amended Wisconsin Act. A defendant is usually allowed to experience a preliminary hearing only when he/she has been detained for the conduct of any sort of felony offense or performed certain disregardful actions in federal courts as well as in the state laws. The perceptions of preliminary hearing has been introduced as well as developed for the purpose of delivering significant benefits to the imprisoned individuals who are not capable to post statutory bonds assuring that they are not detained in jail due to any irrelevant charge. According to the facets of preliminary hearing, it has been apparently observed that if a particular defendant seems to be in jail at the time of conducting preliminary hearing and the responsible state fails to present any feasible grounds to prove the criminal offenses, the defendant would be entitled to enjoy the right to get dismissal from his/her case. Moreover, along with the dismissal of case, the defendant would also be entitled to get immediate release from the jail. Similarly, if a particular defendant is not present in jail at the time of performing preliminary hearing and the responsible state fails to ascertain possible reasons to the circumstances, the defendant would bear the right to get dismissed from his/her case and also to get immediate release from imprisonment (Siegel, 2009). The defense attorneys characteristically make the use of preliminary hearings as a helpful tool for collecting valuable evidences regarding any case in opposition to the defendant. This is due to the reason that the attorneys view the aspect of preliminary hearing as a sort of deposition by which they can discover what exactly the defendant confides about committing a felony or a criminal offense. With regard to the benefit of those imprisoned indiv ...Download file to see next pagesRead More
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