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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23203
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Is there a law that allowes hear say that can convict you

Customer Question

is there a law that allowes hear say that can convict you
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.


No. Hearsay is not admissible. There are, however, exceptions to the hearsay laws.

Please explain the situation so that I can see whether an exception would apply in your situation.

Customer: replied 7 months ago.
lets say there was a person who seen another person have a gun then there were 2 murders where there was no wittness only a person just seeing another have the gun then that person testifiys is that proof enough to convict someone
Expert:  Zoey_ JD replied 7 months ago.

If a witness actually sees someone with a gun, testifying to just that would not be hearsay, because that person actually witnessed that. The prosecutor can then use that testimony and other evidence to try to build what we call a circumstantial case. That is, although nobody saw the shooting, the DA will try to show that all of the evidence points to the inescapable conclusion that a particular person had to be the one who committed the murders.

If a jury believes the circumstantial evidence beyond a reasonable doubt they can convict the defendant of murder.

So, to answer your question, the person being seen having the gun would probably not be enough evidence to prove beyond a reasonable doubt that he committed 2 murders at a later point in time. BUT in conjunction with the rest of the DA's evidence, all of that evidence together could lead to a conviction.

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