What is the rationale for excluding hearsay from evidence?

The rationale for excluding hearsay from evidence primarily stems from its perceived unreliability. Hearsay is defined as an out-of-court statement made by someone who is not testifying at the trial, offered to prove the truth of the matter asserted. The main concern is that the original speaker is not present in court to provide testimony, undergo cross-examination, or be subject to the scrutiny that typically helps establish the credibility and accuracy of a statement.

Without the opportunity for cross-examination, there's no way to assess the reliability of the statement; it lacks the traditional safeguards that are present when a witness testifies in person. This raises significant concerns about its veracity because the listener cannot evaluate the context, the speaker's motive, or their perception of the events, leading to an increased risk of misunderstandings or misinterpretations. As such, the legal system upholds the exclusion of hearsay to protect the integrity of judicial proceedings and ensure that only reliable and trustworthy information is presented to the jury.