1. CHAP. 3 : INTRODUCTION TO THE HEARSAY RULE
P. JANICKE
2018

2. ONLY “STATEMENTS” CAN BE HEARSAY EVIDENCE – CAN’T BE REVEALED IN COURT

3. MUCH HUMAN DISCOURSE IS NON-STATEMENT
UTTERANCES
statements

4. MEANINGS UTTERANCE = ANYTHING WE SAY OR WRITE
STATEMENT = UTTERANCE THAT RECITES A FACT
ERGO: SOME UTTERANCES ARE STATEMENTS, BUT OTHERS ARE NOT

5. THE LAW
ONLY STATEMENTS MADE OUT OF COURT CAN POSSIBLY BE HEARSAY EVIDENCE
NON-STATEMENTS CAN BE REVEALED AT TRIAL

6. Chap. 3 -- Intro to Hearsay
???
“HE SAID ...”
“SHE SAID ...”
“I SAID ...”
WE DON’T KNOW IF THESE WERE STATEMENTS
COULD HAVE BEEN “GET OUT OF HERE” or “HEY!
2018
Chap Intro to Hearsay

7. EXAMPLES OF OUT-OF-COURT STATEMENTS
WIT.: “SHE SAID: ‘IT IS RAINING’”
WIT.: “HE SENT ME AN SAYING: ‘THE SUN ROSE AT ABOUT 6:00’”
WIT.: “SHE TOLD ME SHE HAD A GUN IN HER HAND”

8. MOST DOCUMENTS CONTAIN STATEMENTS
IF SO, THEY ARE HEARSAY, AND PRIMA FACIE INADMISSIBLE
CAN BE EXCEPTIONS ALLOWING THIS KIND OF HEARSAY TO COME IN
IT IS STILL HEARSAY, BUT ADMISSIBLE

9. WHEN AN OPPOSING LAWYER PICKS UP A PIECE OF PAPER,
YOU SHOULD THINK “H”

10. ALL OF THESE WOULD BE OK IF THE SAME FACTS WERE TESTIFIED TO IN COURT:
WIT.: “IT WAS RAINING”
WIT.: “THE SUN ROSE AT ABOUT 6:00”
WIT.: “SHE HAD A GUN IN HER HAND”

11. EXAMPLES OF HEARSAY EVIDENCE
IN GENERAL:
LETTERS ARE USUALLY INADMISSIBLE
POLICE REPORTS ARE INADMISSIBLE
NEWSPAPER ACCOUNTS ARE INADMISSIBLE
2018
Chap Intro to Hearsay

12. Chap. 3 -- Intro to Hearsay
RATIONALE:
WE WANT WITNESSES TO TELL US FIRST-HAND ON THE STAND WHAT THEY SAW AND DID
OUT-OF-COURT STATEMENTS ARE DIFFICULT TO CROSS-EXAMINE (ESPECIALLY IF SPEAKER IS NOT AT TRIAL)
2018
Chap Intro to Hearsay

13. Chap. 3 -- Intro to Hearsay
HOW IT WORKS:
CHEMIST FROM THE POLICE LAB TESTIFIES TO THE BLOOD TYPE; THE WRITTEN REPORT OF BLOOD TYPE IS NOT ADMITTED
HOMEOWNER TESTIFIES THERE WAS AN INTRUDER; NOT WHAT SHE TOLD THE POLICE; NOT WHAT HER WITNESS STATEMENT TO THE POLICE SAID
BORROWER TESTIFIES LOAN PAYMENTS WERE MADE ON TIME; HER LETTER TO BANK SAYING SO IS NOT ADMITTED
2018
Chap Intro to Hearsay

14. Chap. 3 -- Intro to Hearsay
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
2018
Chap Intro to Hearsay

15. EXAMPLE: WHAT MR. JONES SAID
ISSUE: ADMISSIBILITY IN THE CASE OF JONES v. SMITH
2018
Chap Intro to Hearsay

16. Chap. 3 -- Intro to Hearsay
ADMISSIBLE
HIGH UP
BENCH (JUDGE)
JONES
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2018
Chap Intro to Hearsay

17. Chap. 3 -- Intro to Hearsay
ADMISSIBLE
HIGH UP
BENCH (JUDGE)
BYSTANDER
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2018
Chap Intro to Hearsay

18. Chap. 3 -- Intro to Hearsay
ADMISSIBLE
HIGH UP
BENCH (JUDGE)
SMITH
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2018
Chap Intro to Hearsay

19. Chap. 3 -- Intro to Hearsay
NOT ADMISSIBLE. WHY?
HIGH UP
BENCH (JUDGE)
SMITH
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2018
Chap Intro to Hearsay

20. Chap. 3 -- Intro to Hearsay
NOT ADMISSIBLE. WHY?
HIGH UP
BENCH (JUDGE)
BYSTANDER
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2018
Chap Intro to Hearsay

21. Chap. 3 -- Intro to Hearsay
NOT ADMISSIBLE. WHY?
HIGH UP
BENCH (JUDGE)
JONES
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2018
Chap Intro to Hearsay

22. Chap. 3 -- Intro to Hearsay
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
2018
Chap Intro to Hearsay

23. Chap. 3 -- Intro to Hearsay
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
2018
Chap Intro to Hearsay

24. Chap. 3 -- Intro to Hearsay
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
2018
Chap Intro to Hearsay