Evidence (law)
Anglophone (Common) law

A distinct feature of English common law historically was the role of the jury as a finder of fact, as opposed to the role of the judge as finder of law. The creation of modern jury trials in the 16th and 17th centuries necessitated rules of evidence to regulate what testimony and other evidence could be put before the jury. While much of the early common law evidence rules came from judicial decisions, the English Parliament also played a role. In 1677, Parliament and the Crown enacted the Statute of Frauds and Perjuries, prohibiting plaintiffs from alleging certain contractual breaches to the jury unless accompanied by a signed, written instrument. Another early evidence rule was the prohibition on hearsay, the admission of an out-of-court statement to prove the truth of what is asserted. In the early 19th Century, Chief Justice Lord Mansfield of the Court of Common Pleas stated:

"In Scotland and most of the continental states, the judges determine upon the facts in dispute as well as upon the law; and they think there is no danger in their listening to evidence of hearsay, because, when they come to consider their judgment on the merits of the case, they can trust themselves entirely to disregard the hearsay evidence, or to give it any little weight which it may seem to deserve. But in England, where the jury are the sole judges of the fact, hearsay evidence is properly excluded, because no man can tell what effect it might have upon their minds."

Hearsay rules have subsequently been updated numerous times. Most recently in England and Wales, the Civil Evidence Act 1995, section 1, specifically allows for admission of 'hearsay' evidence; legislation also allows for 'hearsay' evidence to be used in criminal proceedings, which makes it possible for the accuser to induce friends or family to give false evidence in support of their accusations because, normally, it would be rejected by the presiding authority or judge. There are several examples where presiding authorities are not bound by the rules of evidence. These include the military tribunals in the United States and tribunals used in Australia to try health professionals.
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