CHAP. 3 : INTRODUCTION TO THE HEARSAY RULE P. JANICKE 2011

Chap Intro to Hearsay2 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

2011Chap Intro to Hearsay3 EXAMPLES IN GENERAL: –WITNESS CAN’T SAY WHAT HE TOLD THE POLICE –LETTERS ARE INADMISSIBLE –POLICE REPORTS ARE INADMISSIBLE

2011Chap Intro to Hearsay4 RATIONALE: WE WANT WITNESSES TO TELL US FIRST-HAND ON THE STAND WHAT THEY SAW AND DID –CROSS-EXAMINATION IS AN ADVERSARY’S RIGHT

2011Chap Intro to Hearsay5 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

2011Chap Intro to Hearsay6 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

2011Chap Intro to Hearsay7 WHAT JONES SAID

2011Chap Intro to Hearsay8 TRIAL IN JONES v. SMITH BENCH (JUDGE) JONES JURY COUNSEL FOR JONESCOUNSEL FOR SMITH CLERK AND REPORTER SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) RAILING PODIUM HIGH UP

2011Chap Intro to Hearsay9 TRIAL IN JONES v. SMITH BENCH (JUDGE) BYSTANDER JURY COUNSEL FOR JONESCOUNSEL FOR SMITH CLERK AND REPORTER SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) RAILING PODIUM HIGH UP

2011Chap Intro to Hearsay10 TRIAL IN JONES v. SMITH BENCH (JUDGE) SMITH JURY COUNSEL FOR JONESCOUNSEL FOR SMITH CLERK AND REPORTER SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) RAILING PODIUM HIGH UP

2011Chap Intro to Hearsay11 TRIAL IN JONES v. SMITH BENCH (JUDGE) SMITH JURY COUNSEL FOR JONESCOUNSEL FOR SMITH CLERK AND REPORTER SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) RAILING PODIUM HIGH UP

2011Chap Intro to Hearsay12 TRIAL IN JONES v. SMITH BENCH (JUDGE) BYSTANDER JURY COUNSEL FOR JONESCOUNSEL FOR SMITH CLERK AND REPORTER SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) RAILING PODIUM HIGH UP

2011Chap Intro to Hearsay13 TRIAL IN JONES v. SMITH BENCH (JUDGE) JONES JURY COUNSEL FOR JONESCOUNSEL FOR SMITH CLERK AND REPORTER SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) RAILING PODIUM HIGH UP

2011Chap Intro to Hearsay14 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

2011Chap Intro to Hearsay15 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

2011Chap Intro to Hearsay16 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