a. Confession as an exception to the hearsay rule

a. Confession as an exception to the hearsay rule

In criminal cases involving confessions, the prosecution typically aims to introduce evidence of statements made by the defendant during police questioning. The common law strongly favours original evidence, where witnesses directly report what they heard or saw. This preference allows for direct examination and cross-examination of the witness’s testimony.

In situations where the prosecution seeks to present evidence of an alleged confession, the introduction of such evidence would indeed be considered hearsay. Hearsay refers to an out-of-court statement offered to prove the truth of the matter asserted. In this case, the prosecution would be attempting to use the confession as evidence to establish the truth of the statements made by the defendant.

A common law exception to hearsay rule allows for a confession made by the accused to a person in authority to be presented as evidence, provided that the prosecution has proven beyond reasonable doubt that the confession was made voluntarily. It is important to note that such a confession can only be used against the individual who made the statement and not against any other individuals who may be facing charges alongside them.