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

2. 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 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
2010
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
2010
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
2010
Chap Intro to Hearsay

6. 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 Intro to Hearsay

7. Chap. 3 -- Intro to Hearsay
WHAT JONES SAID
2010
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)
2010
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)
2010
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)
2010
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)
2010
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)
2010
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)
2010
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
SAID
WROTE DOWN
REPORTED BY PHONE
TOLD OTHERS ORALLY
2010
Chap Intro to Hearsay

15. 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 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 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 Intro to Hearsay