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CHAP. 3 : INTRODUCTION TO THE HEARSAY RULE

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Presentation on theme: "CHAP. 3 : INTRODUCTION TO THE HEARSAY RULE"— Presentation transcript:

1 CHAP. 3 : INTRODUCTION TO THE HEARSAY RULE
P. JANICKE 2014

2 Chap. 3 -- Intro to Hearsay
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 2014 Chap Intro to Hearsay

3 Chap. 3 -- Intro to Hearsay
EXAMPLES IN GENERAL: WITNESS CAN’T SAY WHAT HE TOLD THE POLICE LETTERS ARE INADMISSIBLE POLICE REPORTS ARE INADMISSIBLE NEWSPAPER ACCOUNTS ARE INADMISSIBLE 2014 Chap Intro to Hearsay

4 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; YOU CAN’T CROSS-EXAMINE AN OUT-OF-COURT STATEMENT 2014 Chap Intro to Hearsay

5 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 2014 Chap Intro to Hearsay

6 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 2014 Chap Intro to Hearsay

7 EXAMPLE: WHAT MR. JONES SAID
2014 Chap Intro to Hearsay

8 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) 2014 Chap Intro to Hearsay

9 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) 2014 Chap Intro to Hearsay

10 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) 2014 Chap Intro to Hearsay

11 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) 2014 Chap Intro to Hearsay

12 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) 2014 Chap Intro to Hearsay

13 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) 2014 Chap Intro to Hearsay

14 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, OR A BYSTANDER: SAID WROTE DOWN REPORTED BY PHONE TOLD OTHERS ORALLY 2014 Chap Intro to Hearsay

15 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 2014 Chap Intro to Hearsay

16 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 2014 Chap Intro to Hearsay


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