Archived posting to the Leica Users Group, 2001/06/25

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Subject: RE: [Leica] Home depot and the rest
From: "Austin Franklin" <>
Date: Mon, 25 Jun 2001 19:32:16 -0400

> << hearsay could not be
>  used in criminal cases as evidence, but in civil it could.  This
> would allow
>  the cop to basically say "I saw him speeding" and the judge
> could then say
>  "guilty", and no further proof was required. >>
> Wrong twice. Hearsay is not allowed in criminal or civil
> proceedings, with
> certain exceptions.

Well hearsay IS allowed in MA civil speeding cases.  It was not allowed in
MA criminal speeding cases.  So that's not wrong.

> When a cop says: "I saw him speeding" that is not
> hearsay,

It is hearsay if that is related by someone else in court, and that is what
happens in MA. I was missing the third party in my sentence, and I corrected
this mistake a few days ago.  It is NOT the cop that shows up, but some
"representative", so it is NOT the cop that says that in court, it is the
"representative" that says that the cop said "I saw him speeding", and THAT
is hearsay.