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Picturing Hearsay
Peter Tillers
Copyright 2001
The assessment of testimonial
evidence is a special form of hierarchical or multistage inference.
Assessment of this type of evidence involves conclusions or judgments
about various attributes of the (human) source of the (testimonial)
evidence:
The following figure adds one
attribute -- memory -- to the assessment of testimonial
evidence:
Hearsay presents a more troublesome inferential problem than does a single testimonial statement because hearsay involves at least two testimonial
reports, it involves reports of testimonial reports. If each of two testimonial reports in a chain of two testimonial reports is offered to show that the matters reported are true, assessment of this hearsay evidence requires the assessment of two linked sets of testimonial attributes rather than just one set of testimonial attributes.
Hearsay evidence takes the
following form:
The testimonial attributes pertinent to the credibility of each of
the two linked testimonial reports shown above can come into question
in the assessment of the probative value of hearsay evidence.

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