CHAP. 3 : INTRODUCTION TO THE HEARSAY RULE

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CHAP. 3 INTRODUCTION TO THE HEARSAY RULE

• P. JANICKE
• 2014

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IN GENERAL

• WITNESSES USUALLY ARE NOT ALLOWED TO TESTIFY
  ABOUT OUT-OF-COURT STATEMENTS OF FACT
• MADE BY THE WITNESS
• MADE BY OTHERS
• DOCUMENTS CONTAIN STATEMENTS OF FACT AND USUALLY
  ARENT ALLOWED IN EVIDENCE
• THEY ARE WRITTEN OUT OF COURT

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EXAMPLES

• IN GENERAL
• WITNESS CANT SAY WHAT HE TOLD THE POLICE
• LETTERS ARE INADMISSIBLE
• POLICE REPORTS ARE INADMISSIBLE
• NEWSPAPER ACCOUNTS ARE INADMISSIBLE

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RATIONALE

• WE WANT WITNESSES TO TELL US FIRST-HAND ON THE
  STAND WHAT THEY SAW AND DID
• CROSS-EXAMINATION IS AN ADVERSARYS RIGHT
• YOU CANT CROSS-EXAMINE AN OUT-OF-COURT STATEMENT

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• E.G.
• CHEMIST FROM THE POLICE LAB TESTIFIES TO THE
  BLOOD TYPE THE WRITTEN REPORT IS NOT ADMITTED
• HOMEOWNER TESTIFIES THERE WAS AN INTRUDER NOT
  WHAT SHE TOLD THE POLICE NOT HER WITNESS
  STATEMENT TO THE POLICE
• BORROWER TESTIFIES LOAN PAYMENTS WERE MADE ON
  TIME HER LETTER TO BANK SAYING SO IS NOT
  ADMITTED

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THE MAIN EXCEPTION TO WHAT IS HEARSAY
STATEMENTS OF A PARTY, WHEN OFFERED BY AN
ADVERSARY PARTY

• CAN BE INTRODUCED BY THE OPPONENT, VIA ANY
  WITNESS WHO KNOWS WHAT THE PARTY SAID
• CORPORATE DOCUMENTS (LETTERS MEMOS) OF ONE SIDE
  ARE ADMISSIBLE BY THE OTHER SIDE

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EXAMPLEWHAT MR. JONES SAID
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TRIAL IN JONES v. SMITH
HIGH UP

• BENCH (JUDGE)

JONES
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR JONES
COUNSEL FOR SMITH
RAILING
SPECTATORS ( FOR SMITH)
SPECTATORS (FOR JONES)
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TRIAL IN JONES v. SMITH
HIGH UP

• BENCH (JUDGE)

BYSTANDER
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR JONES
COUNSEL FOR SMITH
RAILING
SPECTATORS ( FOR SMITH)
SPECTATORS (FOR JONES)
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TRIAL IN JONES v. SMITH
HIGH UP

• BENCH (JUDGE)

SMITH
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR JONES
COUNSEL FOR SMITH
RAILING
SPECTATORS ( FOR SMITH)
SPECTATORS (FOR JONES)
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TRIAL IN JONES v. SMITH
HIGH UP

• BENCH (JUDGE)

SMITH
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR JONES
COUNSEL FOR SMITH
RAILING
SPECTATORS ( FOR SMITH)
SPECTATORS (FOR JONES)
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TRIAL IN JONES v. SMITH
HIGH UP

• BENCH (JUDGE)

BYSTANDER
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR JONES
COUNSEL FOR SMITH
RAILING
SPECTATORS ( FOR SMITH)
SPECTATORS (FOR JONES)
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TRIAL IN JONES v. SMITH
HIGH UP

• BENCH (JUDGE)

JONES
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR JONES
COUNSEL FOR SMITH
RAILING
SPECTATORS ( FOR SMITH)
SPECTATORS (FOR JONES)
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THE BASICS

• A PARTY CAN ALWAYS TESTIFY TO WHAT HAPPENED
• A PARTYS WITNESSES CAN ALWAYS TESTIFY WHAT THE
  OTHER PARTY SAID
• PARTY XS LAWYER CANNOT ASK ANY WITNESS WHAT X,
  OR A BYSTANDER
• SAID
• WROTE DOWN
• REPORTED BY PHONE
• TOLD OTHERS ORALLY

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• NOTE THAT CONFESSIONS ARE STATEMENTS OF FACT BY
  A PARTY (DEFENDANT)
• HENCE NOT HEARSAY WHEN OFFERED BY THE PROSECUTION
• PROS. CAN ASK A BYSTANDER WHAT D. SAID
• PROS. CAN ASK A POLICEMAN WHAT D. SAID (IF HE
  HEARD IT)
• IF D. TESTIFIES AT TRIAL, PROS. CAN ASK D. WHAT
  D. SAID

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• A VICTIM IS NOT A PARTY IN A CRIMINAL CASE
• HENCE, VICTIMS OUT-OF-COURT STATEMENTS TO
  POLICE, NEIGHBORS, ETC., ARE USUALLY NOT ALLOWED
  TO BE INTRODUCED AT TRIAL BY EITHER SIDE
• VICTIM CAN OF COURSE TESTIFY TO WHAT HAPPENED