CHAP. 3 : INTRODUCTION TO THE HEARSAY RULE P. JANICKE 2015

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 AREN’T ALLOWED IN EVIDENCE THEY ARE WRITTEN OUT OF COURT 2015

EXAMPLES IN GENERAL: WITNESS CAN’T SAY WHAT HE TOLD THE POLICE LETTERS ARE INADMISSIBLE POLICE REPORTS ARE INADMISSIBLE NEWSPAPER ACCOUNTS ARE INADMISSIBLE 2015

RATIONALE: WE WANT WITNESSES TO TELL US FIRST-HAND ON THE STAND WHAT THEY SAW AND DID CROSS-EXAMINATION IS AN ADVERSARY’S RIGHT; YOU CAN’T CROSS-EXAMINE AN OUT-OF-COURT STATEMENT 2015

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 2015

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 2015

EXAMPLE: WHAT MR. JONES SAID ISSUE: ADMISSIBILITY IN THE CASE OF JONES v. SMITH 2015

ADMISSIBLE JURY BENCH (JUDGE) HIGH UP JONES 2015 CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) 2015

ADMISSIBLE JURY BENCH (JUDGE) HIGH UP BYSTANDER 2015 CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) 2015

ADMISSIBLE JURY BENCH (JUDGE) HIGH UP SMITH 2015 CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) 2015

NOT ADMISSIBLE. WHY? JURY BENCH (JUDGE) HIGH UP SMITH 2015 CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) 2015

NOT ADMISSIBLE. WHY? JURY BENCH (JUDGE) HIGH UP BYSTANDER 2015 CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) 2015

NOT ADMISSIBLE. WHY? JURY BENCH (JUDGE) HIGH UP JONES 2015 CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) 2015

THE BASICS A PARTY, OR ANY OTHER WITNESS, CAN ALWAYS TESTIFY TO WHAT HAPPENED IF THE WITNESS HAS FIRST-HAND KNOWLEDGE WITNESSES CAN ALSO TESTIFY WHAT THE PARTY X SAID, BUT ONLY IF ASKED BY OPPOSING PARTY Y’S LAWYER PARTY X’S LAWYER CANNOT ASK ANY WITNESS WHAT HER CLIENT X OR A BYSTANDER SAID 2015

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 2015

A VICTIM IS NOT A PARTY IN A CRIMINAL CASE HENCE, VICTIM’S 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 2015