Most people know that, absent some exception, hearsay statements cannot be used during trial.
However, there are certain lesser criminal proceedings which permit the use of “reliable hearsay.”
Such proceedings include probation violations hearings, 58A dangerousness hearings, and most other pretrial evidentiary hearings.
So what is “reliable hearsay”?
According to the Supreme Judicial Court, a trial judge may consider up to seven different factors when assessing the reliability of hearsay statements.
In assessing whether the hearsay evidence is reliable, a hearing judge may consider
(1) whether the evidence is based on personal knowledge or direct observation;
(2) whether the evidence, if based on direct observation, was recorded close in time to the events in question;
(3) the level of factual detail;
(4) whether the statements are internally consistent;
(5) whether the evidence is corroborated by information from other sources;
(6) whether the declarant was disinterested when the statements were made; and
(7) whether the statements were made under circumstances that support their veracity.
Commonwealth v. Hartfield, 474 Mass. 474, 484 (2016).