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

2. Chap. 3 -- 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

3. 2011Chap. 3 -- Intro to Hearsay3 EXAMPLES IN GENERAL: –WITNESS CAN’T SAY WHAT HE TOLD THE POLICE –LETTERS ARE INADMISSIBLE –POLICE REPORTS ARE INADMISSIBLE

4. 2011Chap. 3 -- 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

5. 2011Chap. 3 -- 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

6. 2011Chap. 3 -- 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

7. 2011Chap. 3 -- Intro to Hearsay7 WHAT JONES SAID

8. 2011Chap. 3 -- 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

9. 2011Chap. 3 -- 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

10. 2011Chap. 3 -- 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

11. 2011Chap. 3 -- 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

12. 2011Chap. 3 -- 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

13. 2011Chap. 3 -- 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

14. 2011Chap. 3 -- 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

15. 2011Chap. 3 -- 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

16. 2011Chap. 3 -- 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