ASIS International (ASIS) Professional Certified Investigator Practice Exam

What is defined as indirect testimony that is not admissible in court?

1. Hearsay

2. Dying declaration

3. Testimony in child abuse case

4. Court transcript

The correct answer is: Hearsay

Hearsay is defined as an out-of-court statement made by someone other than the witness testifying, offered to prove the truth of the matter asserted in the statement. This type of indirect testimony is generally not admissible in court because it does not allow for cross-examination of the original speaker, which is fundamental to ensuring the reliability and accuracy of evidence in legal proceedings. The rule against hearsay is rooted in the principle that the best evidence comes from those who have first-hand knowledge or experience regarding the events in question. In contrast, other options like a dying declaration are exceptions to the hearsay rule and can be admissible under specific circumstances, such as when the speaker believes they are about to die and makes a statement regarding the cause of their impending death. Testimony in a child abuse case often involves direct accounts or reports made by witnesses or children, which can also be admissible under certain legal protections. A court transcript is an official record of proceedings and is not classified as hearsay, as it documents statements made in court under oath, where parties have the opportunity to challenge the validity of the testimony provided.