IanS
The USA has two separate federal systems, military and civilian. There are also state systems with their own rules of evidence, but we'll put those aside for the moment. There is broad agreement about what hearsay is: an unsworn statement made outside the presence of the court.
Hearsay is admissible in both the military and civilian systems, because it is often reliable. The rules for its admissibility differ between the military and the civilian courts, and within the systems, according to the subject matter being adjudicated.
Eight, I think you better go find better source material because what you said is basically wrong:
The proper references are
Federal Rules of Evidence ARTICLE VIII. HEARSAY.
and
Military commissions
To save you some slogging here are summations:
"The Federal Rules of Evidence generally govern
civil and criminal proceedings in the courts of the United States and proceedings before U.S. Bankruptcy judges and U.S. magistrates, to the extent and with the exceptions stated in the rules." (
Federal Rules of Evidence)
"Three evidentiary rules help the judge or jury make this determination:
(1) Before being allowed to testify, a witness generally must swear or affirm that his or her testimony will be truthful.
(2) The witness must be personally present at the trial or proceeding in order to allow the judge or jury to observe the testimony firsthand.
(3)
The witness is subject to cross-examination at the option of any party who did not call the witness to testify.
In keeping with the three evidentiary requirements, the Hearsay Rule, as outlined in the Federal Rules of Evidence,
prohibits most statements made outside a courtroom from being used as evidence in court. This is because statements made out of court normally are not made under oath, a judge or jury cannot personally observe the demeanor of someone who makes a statement outside the courtroom, and an opposing party cannot cross-examine such a declarant (the person making the statement). Out-of-court statements hinder the ability of the judge or jury to probe testimony for inaccuracies caused by Ambiguity, insincerity, faulty perception, or erroneous memory.
Thus, statements made out of court are perceived as untrustworthy."
"Hearsay evidence is inadmissible"
"Unless, the witness is unavailable, and then only with notice to the opposing party, and only if it is material, probative, reliable and the interests of justice will be served by admission" (Military Commission)
Court Marshall and Article III courts have "Unless the witness is unavailable, and then only if it falls within one of approximately 25 exceptions, including a “catch-all” exception
and meets other constitutional requirements"
Ie a
more limited version of Federal Rules of Evidence's Rule 804!
So civil court follow the same rules as criminal courts (or at least are supposed to) and the military courts add even more restrictions.
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Back to evidence for Jesus in a legal setting we have the issue of Chain of custody which roughly equates to
provenance in archeology. As mentioned before the primary provenance is a total disaster and the secondary provenance is not much better and any inferred (ie Mark talks about the destruction of the temple so odds is it was written after 70 CE) gives us useless ranges.
Paul: talking about visions so you have no idea how much is the flesh and blood Jesus and the one in his head and he doesn't give you any real details (actual name of Jesus parents, the name of the town he born, etc) in any case. Out he goes on his ear.
Gospels: only know they were most likely written between 70-180 CE with evidence that at least Mark and "Luke" were written c 140 CE. No idea who wrote them. Out they go.
Josephus: The Testimonium Flavianum has been tampered with and every expert has his own idea what (if any of it) is genuine and the only supporting document is some 500 years after the tampering is thought o have happened. Out it goes.
The James Passage is in conflict with the majority of other accounts in terms of time (62 CE vs 69 CE) and cause of death (stoning vs being thrown from the temple, being stoned, and being clubbed to death by passing laundrymen...and will the defense please stop making clean death jokes. Arthus indeed) Now where oh yes. So this seems to the court this is an attempt to make another James also stoned to death to appear to be the brother of Jesus Christ and therefore useless. Out it goes.
Per John Frum example already in evidence everything else is too old to be considered evidence.