If you over hear a phone conversation where someone is threatening to kill someone else does that qualify as credible evidence in a court or is that considered hear say if the conversation was not recorded?
by 
MIA
ANSWERS: 4
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There's no proof without the recording so it would be your word only...you wouldn't want someone accusing you of something..that could get scary. That's what happened during the Salem Witch Hunts...so I think it would be hearsay and ignored. :)
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It is hearsay, but there are many exception to the hearsay rule. So whether it is admissible will depend on if an exception applies. If the statement as said by the defendant in a criminal case, it is most likely admissible.
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i would have to say yes, better safe than sorry...
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If you actually heard some one say they were going to kill the person they were talking to, that is not hearsay. You heard the threat. If you heard A tell B that A was going to kill C, that would not be hearsay, you actually heard A make the threat. If you overheard B tell C that A had threatened C, your testimony would be hearsay, you heard B say that A said something, you did not hear A say it. That is the definition of hearsay; hearing someone say that someone else said something. You can only testify about what a person said if you actually heard that person say it. If A is charged with the threat, you can not testify that you heard B say that A said it. If B is charged with slandering A by telling C or other folks that A told B that A was going to kill C, you can testify to that if you actually heard B say it. Anyway that's what I heard someone, I think it was a DA, say. Before I tried to explain it to you, it was as simple as ABC to me.
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