CHAP. 3 : INTRODUCTION TO THE HEARSAY RULE

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

2. 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 Chap. 3 -- Intro to Hearsay

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

4. RATIONALE: • WE WANT WITNESSES TO TELL US FIRST-HAND ON THE STAND WHAT THEY SAW AND DID • CROSS-EXAMINATION IS AN ADVERSARY’S RIGHT Chap. 3 -- Intro to Hearsay

5. 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 Chap. 3 -- 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 Chap. 3 -- Intro to Hearsay

7. WHAT JONES SAID Chap. 3 -- Intro to Hearsay

8. TRIAL IN JONES v. SMITH HIGH UP JONES BENCH (JUDGE) JURY CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) Chap. 3 -- Intro to Hearsay

9. TRIAL IN JONES v. SMITH HIGH UP BYSTANDER BENCH (JUDGE) JURY CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) Chap. 3 -- Intro to Hearsay

10. TRIAL IN JONES v. SMITH HIGH UP SMITH BENCH (JUDGE) JURY CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) Chap. 3 -- Intro to Hearsay

11. TRIAL IN JONES v. SMITH HIGH UP SMITH BENCH (JUDGE) JURY CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) Chap. 3 -- Intro to Hearsay

12. TRIAL IN JONES v. SMITH HIGH UP BYSTANDER BENCH (JUDGE) JURY CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) Chap. 3 -- Intro to Hearsay

13. TRIAL IN JONES v. SMITH HIGH UP JONES BENCH (JUDGE) JURY CLERK AND REPORTER PODIUM COUNSEL FOR SMITH COUNSEL FOR JONES RAILING SPECTATORS ( FOR SMITH) SPECTATORS (FOR JONES) Chap. 3 -- Intro to Hearsay

14. 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 Chap. 3 -- Intro to Hearsay

15. 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 Chap. 3 -- Intro to Hearsay

16. 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 Chap. 3 -- Intro to Hearsay