Jun 4, 2025

Hearsay at Criminal Trials

Understanding Hearsay in Criminal Trials

Hearsay is a fundamental concept in the law of evidence, particularly in criminal trials. It refers to an out-of-court statement introduced to prove the truth of the matter asserted. The general rule is that hearsay is not admissible as evidence, but there are numerous exceptions and nuances to this rule.

Definition of Hearsay

Hearsay is any statement made outside of the current court proceeding that is offered in court to prove the truth of the statement. For example, if a witness testifies, “John told me he saw the defendant at the scene,” that statement is considered hearsay if it is being used to prove the defendant was at the scene.

General Rule on Admissibility

Is hearsay admissible in a criminal trial?

Generally, hearsay is not admissible in a criminal trial. The rationale behind this rule is that the opposing party does not have an opportunity to cross-examine the person who made the original statement, which raises concerns about reliability and fairness. However, there are many exceptions to this rule, and in some circumstances, hearsay may be admitted if it falls within a recognized exception.

What makes hearsay inadmissible?

Hearsay is inadmissible because it is considered unreliable. The person who made the statement is not present in court to be cross-examined, and the jury cannot observe their demeanor or assess their credibility. This lack of direct examination undermines the fairness of the proceedings, which is why hearsay is generally excluded unless an exception applies.

Exceptions to the Hearsay Rule

What are the three exceptions to the hearsay rule?

There are many exceptions to the hearsay rule, but three of the most commonly cited are:

• Present Sense Impression: A statement describing or explaining an event or condition made while the declarant was perceiving the event or immediately thereafter.
• Excited Utterance: A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
• Statements for Medical Diagnosis or Treatment: Statements made for purposes of medical diagnosis or treatment describing medical history, symptoms, or the cause of the condition.

Other exceptions include business records, public records, and statements against interest, among others.

Federal Rules and Hearsay

What are the federal rules of criminal procedure hearsay?

The Federal Rules of Evidence, particularly Rules 801 through 807, govern hearsay in federal criminal trials. These rules define hearsay, outline what is not considered hearsay, and enumerate the various exceptions to the hearsay rule. Rule 802 establishes the general prohibition against hearsay, while Rules 803, 804, and 807 provide the exceptions. The rules are designed to balance the need for reliable evidence with the rights of the accused to confront witnesses against them.

Hearsay at Criminal Trials