Armed Services Vocational Aptitude Battery Asvab / Paragraph Comprehension 1


Hearsay evidence, which is the secondhand reporting  of a statement, is allowed in court only when the  truth of the statement is irrelevant. Hearsay that  depends on the statement’s truthfulness is inadmissible  because the witness does not appear in court  and swear an oath to tell the truth. Because his or her  demeanor when making the statement is not visible  to the jury, the accuracy of the statement cannot be  tested under cross-examination, and to introduce it  would be to deprive the accused of the constitutional  right to confront the accuser. Hearsay is  admissible, however, when the truth of the statement  is unimportant. If, for example, a defendant claims  to have been unconscious at a certain time, and a  witness claims that the defendant actually spoke to  her at that time, this evidence would be admissible  because the truth of what the defendant actually  said is irrelevant. 



How does the passage explain the proper use of hearsay evidence?

By listing a set of criteria
By providing a hypothetical example
By referring to the Constitution
By citing case law

The main purpose of the passage is to

Specify which use of hearsay evidence is inadmissible and why
question the probable truthfulness of hearsay evidence.
Argue that rules about the admissibility of hearsay evidence should be changed.
Explain why hearsay evidence abridges the rights of the accused.

The passage suggests that the criterion used for deciding that most hearsay evidence is inadmissible was most likely

The importance of physical evidence to corroborate witness testimony.
Doubt about the relevance of hearsay testimony.
The unreliability of most hearsay witnesses.
Concern for discerning the truth in a fair manner

Which of the following is NOT a reason given in the passage for the inadmissibility of hearsay evidence?

The jury should be able to watch the gestures and facial expressions of the person making the statement.
Rumors are not necessarily credible.
The person making the original statement was not under oath.
The person making the statement cannot be cross-examined.

 
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