Sunday, February 7, 2010

Is there a way to use a post on here valid as evidence of admission of guilt & false charges in court?

Yes!





Hearsay is an out of court statement, made by the declearant, offered to prove the truth of the matter (US FRE - Federal Rule of Evidence - 801). A post, therefore, might be heresay, if offered to prove what it says it's true. This would apply to an admission of guilt, so it meets all the criteria.





There are, however, numerous hearsay exceptions. The most important here, is an admission of a party opponent. Therefore, if a person posts that THEY are guilty of a crime, it would be such an admission and come it.





However, there are other problems with getting the evidence in. The most relevant is that the post would have to proved authentic. That is, that it was posted by the person admitting it, and that it was not altered afterwards. If not show authentic, it's out (FRE 104 - preliminary questions).





So if the police proved the defendant posted it, and it was an admission of guilt, it would come it.





If there is a real situation, the person should consult an attorney. This is posted only in the context of legal discussion and entertainment.





Good Luck!Is there a way to use a post on here valid as evidence of admission of guilt %26amp; false charges in court?
No, it would be inadmissable as heresay. There is no real evidence chain or proof.Is there a way to use a post on here valid as evidence of admission of guilt %26amp; false charges in court?
No because more than likely they are using a fictitious name.

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