The Concept of Hearsay in a Criminal Case

He said. She said. A trial based on solely this type of evidence is enough to make a judge and jury groan. Such cases often seem to come down to a choice of who is better at being a witness instead of the truth. The rule of hearsay is one legal theory that tries to minimize the number of cases this occurs in.

Hearsay is a rule of evidence. We are not talking about heresy, which is something that gets religious powers riled up. Our hearsay rule lays out a foundation of rules that establish when a statement can be introduced as evidence in court and when it cannot. The federal court system has one definition of hearsay and there are some 27 plus exceptions to it. This one rule has kept many a law student up at night as they try to memorize and apply the rule and exceptions to various situations.

So, just what is hearsay? Generally, it a statement that is offered at a trial for the purpose of proving the truth of what is asserted in it. If the statement is found to do this, it is barred from court per the hearsay rule. You can now see why law school students hate this rule. Let's look at a practical example of the rule in action.

I am accused of stealing a Ferrari from a dealership. My ex-girlfriend is put on the witness stand. She testifies that another of my ex-girlfriends told her that I said I stole the car. This testimony is being offered to prove the assertion that is being made, to wit, I stole the Ferrari. Since this is just random testimony with no indication of credibility, particularly since it is from two ex-girlfriends, the testimony will not be allowed.

As mentioned, there are plenty of exceptions to the rule. Let's say I had a romantic evening with my ex-girlfriend and we went to dinner in a Ferrari. When asked, I told her I stole it! Her testimony to this end in court would not be barred by the hearsay rule because it would constitute an admission of guilt on my part. This is also why defendants are warned that "anything you say can and will be used against you" when they are read their Miranda Rights when being arrested.

The rule of hearsay is primarily an issue that only lawyers and judges need really worry about. When you hear the objection made in court, however, you will at least have an idea of what is being talked about. Should you ever be arrested, the admission of guilt exception should also make it clear you should keep your mouth shut!

Thomas Ajava writes for DUILawyerNorthFt.com - don't deal with the prosecutor of your DUI charge without first retaining a DUI lawyer in North FT to represent you.