CHAP. 3 :
INTRODUCTION TO THE
HEARSAY RULE
P. JANICKE
2011
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
2011
Chap. 3 -- Intro to Hearsay
2
EXAMPLES
• IN GENERAL:
– WITNESS CAN’T SAY WHAT HE TOLD
THE POLICE
– LETTERS ARE INADMISSIBLE
– POLICE REPORTS ARE INADMISSIBLE
2011
Chap. 3 -- Intro to Hearsay
3
RATIONALE:
• WE WANT WITNESSES TO TELL US
FIRST-HAND ON THE STAND WHAT
THEY SAW AND DID
– CROSS-EXAMINATION IS AN
ADVERSARY’S RIGHT
2011
Chap. 3 -- Intro to Hearsay
4
• 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
2011
Chap. 3 -- Intro to Hearsay
5
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
2011
Chap. 3 -- Intro to Hearsay
6
WHAT JONES SAID
2011
Chap. 3 -- Intro to Hearsay
7
TRIAL IN JONES v. SMITH
HIGH UP
BENCH (JUDGE)
JONES
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
JURY
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
2011
SPECTATORS
(FOR JONES)
Chap. 3 -- Intro to Hearsay
8
TRIAL IN JONES v. SMITH
HIGH UP
BENCH (JUDGE)
BYSTANDER
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
JURY
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
2011
SPECTATORS
(FOR JONES)
Chap. 3 -- Intro to Hearsay
9
TRIAL IN JONES v. SMITH
HIGH UP
BENCH (JUDGE)
SMITH
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
JURY
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
2011
SPECTATORS
(FOR JONES)
Chap. 3 -- Intro to Hearsay
10
TRIAL IN JONES v. SMITH
HIGH UP
BENCH (JUDGE)
SMITH
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
JURY
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
2011
SPECTATORS
(FOR JONES)
Chap. 3 -- Intro to Hearsay
11
TRIAL IN JONES v. SMITH
HIGH UP
BENCH (JUDGE)
BYSTANDER
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
JURY
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
2011
SPECTATORS
(FOR JONES)
Chap. 3 -- Intro to Hearsay
12
TRIAL IN JONES v. SMITH
HIGH UP
BENCH (JUDGE)
JONES
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
JURY
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
2011
SPECTATORS
(FOR JONES)
Chap. 3 -- Intro to Hearsay
13
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
–
–
–
–
2011
SAID
WROTE DOWN
REPORTED BY PHONE
TOLD OTHERS ORALLY
Chap. 3 -- Intro to Hearsay
14
• 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
2011
Chap. 3 -- Intro to Hearsay
15
• 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
2011
Chap. 3 -- Intro to Hearsay
16