6/21/23
Hearsay
u Under the Federal Rules of Evidence, Hearsay is an out-of- court statement offered as truth of the matter asserted. u “When I asked Jill about the variance, she said that another cashier had used her register during Jill’s break and must have made the error.” u Jack overheard Jill talking to her sister about getting caught taking money from the register. u Rule of thumb, if a person is stating something that he did not personally observe, experience, sense, but is stating something learned from another – it’s hearsay.
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Hearsay in Tribunals
u The prohibition on hearsay testimony, absent a rule to the contrary, does not extend to administrative tribunals. u So why is this important? u Investigators should not get hung up on technical rules of evidence, but should be aware of the meaning of hearsay and the importance of corroborating testimony with hard evidence u In preparing an investigative report, care must be taken to rely on facts and effort must be made to corroborate
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