NJ Hearsay Evidence

Hearsay Evidence in New Jersey

In criminal prosecutions, hearsay refers to out-of-court statements offered to prove the truth of the matter asserted. Given reliability concerns over hearsay, New Jersey places strict limits on its admissibility as evidence.

This article provides an overview of key hearsay issues in New Jersey criminal trials. We’ll cover the definition of hearsay, exceptions where it may be allowed, how courts determine reliability, the impact of the Confrontation Clause, and strategies for exclusion. Understanding the complex rules surrounding hearsay is critical for defendants and defense counsel.

Definition of Hearsay

Under New Jersey Rule of Evidence 801, hearsay is a statement that^[1]:

• The declarant does not make while testifying at the current trial
• A party offers as evidence to prove the truth of the matter asserted

If either element is not present, the statement is not hearsay.

Why Hearsay Raises Concerns

Hearsay is generally prohibited because^[2]:

• The statement is not made under oath
• The declarant cannot be cross-examined on the statement
• The jury cannot assess the declarant’s demeanor and credibility

These undermine the statement’s reliability and the ability to test it.

Exceptions Where Hearsay May Be Allowed

While generally barred, hearsay may be admitted if it falls under certain exceptions where it is considered reliable. Major exceptions include^[1]:

• Excited utterances
• Present sense impressions
• Statements made for medical diagnosis or treatment
• Recorded recollections
• Business records

There are over 30 defined hearsay exceptions under New Jersey evidentiary rules.

Determining Reliability of Hearsay

To assess reliability, courts consider^[3]:

• Whether hearsay is covered by a firm exception
• If exception applies, whether statement shows particularized guarantees of trustworthiness
• Corroborating evidence that supports the hearsay statement

Reliable hearsay may be admitted, unreliable hearsay excluded.

Hearsay and the Confrontation Clause

Even if hearsay is admissible under an exception, the Confrontation Clause may require exclusion if the defendant lacks opportunity to cross-examine the declarant^[4]. This especially applies to testimonial statements like affidavits and prior testimony.

Strategies for Excluding Hearsay

To exclude hearsay, counsel may^[5]:

• Challenge whether a statement meets the definition of hearsay
• Argue no exception makes the statement reliable and admissible
• Claim admitting the hearsay would violate the Confrontation Clause
• Require the prosecution to lay a complete foundation for reliability

Keeping unreliable hearsay out of evidence protects the defendant’s fair trial rights.

Using Hearsay for Limited Non-Hearsay Purposes

While hearsay cannot be used to prove the truth of what was stated, it may be admitted for non-hearsay purposes like^[6]:

• Demonstrating the statement’s effect on the listener
• Proving notice to or knowledge of the listener
• Establishing context for admissible statements

Counsel should clarify the limited reason for admitting the hearsay.

Key Takeaways

Given the complex hearsay rules, objections, and exceptions, having an experienced criminal defense lawyer is essential. Counsel can vigorously challenge unreliable hearsay and protect the defendant’s confrontation rights.

Reliability cannot be assumed merely because hearsay falls under an exception. Each statement must face scrutiny regarding trustworthiness before admission in court.

¹
https://www.njcourts.gov/attorneys/evidence/8

²
https://www.americanbar.org/groups/public_education/publications/teaching-legal-docs/teaching-hearsay/

³
https://www.newjerseycriminallawattorney.com/criminal-process/evidence-in-nj-criminal-cases/hearsay-evidence/

⁴
https://caselaw.findlaw.com/nj-supreme-court/1870419.html

⁵
https://www.tullylegal.com/resources/articles/hearsay-evidence-rules-in-new-jersey/

⁶
https://www.judiciary.state.nj.us/attorneys/assets/criminalcharges/juryinstr.pdf