1. CHAP. 3 : INTRODUCTION TO THE HEARSAY RULE
P. JANICKE
2016

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
2016
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
2016
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
2016
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
2016
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
2016
Chap Intro to Hearsay

7. EXAMPLE: WHAT MR. JONES SAID
ISSUE: ADMISSIBILITY IN THE CASE OF JONES v. SMITH
2016
Chap Intro to Hearsay

8. Chap. 3 -- Intro to Hearsay
ADMISSIBLE
HIGH UP
BENCH (JUDGE)
JONES
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2016
Chap Intro to Hearsay

9. Chap. 3 -- Intro to Hearsay
ADMISSIBLE
HIGH UP
BENCH (JUDGE)
BYSTANDER
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2016
Chap Intro to Hearsay

10. Chap. 3 -- Intro to Hearsay
ADMISSIBLE
HIGH UP
BENCH (JUDGE)
SMITH
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2016
Chap Intro to Hearsay

11. Chap. 3 -- Intro to Hearsay
NOT ADMISSIBLE. WHY?
HIGH UP
BENCH (JUDGE)
SMITH
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2016
Chap Intro to Hearsay

12. Chap. 3 -- Intro to Hearsay
NOT ADMISSIBLE. WHY?
HIGH UP
BENCH (JUDGE)
BYSTANDER
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2016
Chap Intro to Hearsay

13. Chap. 3 -- Intro to Hearsay
NOT ADMISSIBLE. WHY?
HIGH UP
BENCH (JUDGE)
JONES
JURY
CLERK AND REPORTER
PODIUM
COUNSEL FOR SMITH
COUNSEL FOR JONES
RAILING
SPECTATORS
( FOR SMITH)
SPECTATORS
(FOR JONES)
2016
Chap Intro to Hearsay

14. Chap. 3 -- Intro to Hearsay
THE BASICS
A PARTY, OR ANY OTHER WITNESS, CAN ALWAYS TESTIFY TO WHAT HAPPENED IF THE WITNESS HAS FIRST-HAND KNOWLEDGE
WITNESSES CAN ALSO TESTIFY WHAT THE PARTY X SAID, BUT ONLY IF ASKED BY OPPOSING PARTY Y’S LAWYER
PARTY X’S LAWYER CANNOT ASK ANY WITNESS WHAT HER CLIENT X OR A BYSTANDER SAID
2016
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
2016
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
2016
Chap Intro to Hearsay