CHAP. 3 : INTRODUCTION TO THE HEARSAY RULE P. JANICKE 2010

Chap. 3 -- Intro to Hearsay IN GENERAL: WITNESSES ARE NOT ALLOWED TO TESTIFY TO OUT-OF-COURT UTTERANCES OF THEMSELVES OF OTHERS DOCUMENTS CONTAIN STATEMENTS AND AREN’T ALLOWED IN EVIDENCE THEY ARE WRITTEN OUT OF COURT 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay EXAMPLES IN GENERAL: WITNESS CAN’T SAY WHAT HE TOLD THE POLICE LETTERS ARE INADMISSIBLE POLICE REPORTS ARE INADMISSIBLE 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay RATIONALE: WE WANT WITNESSES TO TELL US FIRST-HAND ON THE STAND WHAT THEY SAW AND DID CROSS-EXAMINATION IS AN ADVERSARY’S RIGHT 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay 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 2010 Chap. 3 -- Intro to Hearsay

THE MAIN EXCEPTION TO WHAT IS HEARSAY: STATEMENTS OF OPPOSING PARTY CAN BE INTRODUCED BY THE OPPONENT, VIA ANY WITNESS WHO KNOWS WHAT WAS SAID CORPORATE DOCUMENTS (LETTERS; MEMOS) ARE ADMISSIBLE BY THE OTHER SIDE 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay WHAT JONES SAID 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay TRIAL IN JONES v. SMITH HIGH UP BENCH (JUDGE) JONES JURY CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay TRIAL IN JONES v. SMITH HIGH UP BENCH (JUDGE) BYSTANDER JURY CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay TRIAL IN JONES v. SMITH HIGH UP BENCH (JUDGE) SMITH JURY CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay TRIAL IN JONES v. SMITH HIGH UP BENCH (JUDGE) SMITH JURY CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay TRIAL IN JONES v. SMITH HIGH UP BENCH (JUDGE) BYSTANDER JURY CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay TRIAL IN JONES v. SMITH HIGH UP BENCH (JUDGE) JONES JURY CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay THE BASICS A PARTY CAN ALWAYS TESTIFY TO WHAT HAPPENED A PARTY’S WITNESSES CAN ALWAYS TESTIFY WHAT THE OTHER PARTY SAID PARTY X’S LAWYER CANNOT ASK ANY WITNESS WHAT X SAID WROTE DOWN REPORTED BY PHONE TOLD OTHERS ORALLY 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay NOTE THAT CONFESSIONS ARE STATEMENTS BY “THE OPPOSING 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 2010 Chap. 3 -- Intro to Hearsay

Chap. 3 -- Intro to Hearsay A VICTIM IS NOT A PARTY IN A CRIMINAL CASE HENCE, VICTIM’S OUT-OF-COURT STATEMENTS TO POLICE OR NEIGHBORS ARE USUALLY NOT ALLOWED TO BE INTRODUCED AT TRIAL BY EITHER SIDE VICTIM CAN OF COURSE TESTIFY TO WHAT HAPPENED, IF ASKED 2010 Chap. 3 -- Intro to Hearsay