The Use of Hearsay Testimony on Behalf of an Elder Victim of Abuse: A Reasonable and Necessary Alternative Under Certain Circumstances

Abstract

This commentary supports the use of hearsay testimony (secondhand testimony) exceptions in cases of elder abuse (EA). Given that EA victims are often unavailable for in-court testimony due to (1) a refusal to testify for personal reasons, (2) ethical concerns regarding the impact of in-court testimony on the well-being of the victim, or (3) age-related physical or cognitive impairments, hearsay testimony provides a viable means of protecting and relaying the victim's story to jurors. The benefits of hearsay testimony are discussed in terms of the necessity and reliability of utilizing hearsay as evidence as well as the implications of admitting hearsay testimony in EA cases.

Keywords:

• Elder abuse
• hearsay testimony
• secondhand testimony
• adjudication

Notes

Crawford v. Washington, 124 S. Ct. 1354. (2004).

Federal Rules of Evidence 803 (2).

Idaho v. Wright, 497 U.S. 805. (1990).

Ohio v. Roberts, 448 U.S. (1990).

State v. Robinson, 735 P.2d 801, 814 (Ariz. 1987).