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Are statements made by law enforcement to a defendant hearsay?
Wiki User
∙ 13y ago
Hearsay really is a matter of who is testifying at trial, who is the 'declarant' or the person that is saying the words being quoted at trial, and what are you trying to show by offering the statement as evidence - evidence of what. I don't know of any evidentiary rule that applies specifically, and in all cases, to statements made by law enforcement. If the defendant is testifying as to what the officer said to him, it is not hearsay - it is merely the defendant telling the court what was said to him by the officer. If the statement is something a witness overheard the officer say to the defendant, then the question is what are you trying to prove.
By definition, "hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered as evidence to prove the truth of the matter asserted. [Italics are mine]. For example, a witness named Bob testifies that Joe told him "The sky was green" in order to make the point that the sky was green - hearsay. If it is not offered to prove the sky was green, it does not fit the definition of hearsay.
If you are trying have it admitted as Tom's testimony that, while Tom was standing there, Officer Pencil said, "Look Jerry, you Mother [effin'] punk, you're drunk" for the purpose of showing that Jerry is/was in fact drunk, then the statement is hearsay and probably not admissible. If you want the statement admitted to show that Tom heard Officer Pencil use an explitive, it would probably be admissable since it is not being offered to show 'the truth of the matter asserted (that Jerry was drunk)' by the declarant (Ofc. Pencil), but instead offered to show the content of the statement - what was said - that Tom overheard. Offered as evidence in this manner, it is not hearsay. Tom is testifying as to what he heard. Again, also, if Jerry is testifying about the statement, it is his testimony of what he claims was said to him - it is his perception of events, it is not hearsay.
Wiki User
∙ 13y ago
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Due process disclosure of what type of evidence must be determined and made by the prosecutor Informal statements or informal attitudes or exculpatory information or hearsay?
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What is a sentence for remorseless?
The defendant sat remorseless at the defense table, showing no trace of guilt or shame, while the murder victims' families made their statements to the court.
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Which statements best complete the diagram of the steps in a federal civil case?
(1) a plaintiff files a complaint against a defendant (2) a ruling is made and damages are delivered
If an objection is made on the grounds of hearsay the judge will the objection?
sustain
How do you file a class A misdemeanor?
Ordinary citizens don't "file" anything. They "report" an incident to law enforcement who then decides if it amounts to criminal offense, and if so, what. Law enforcement classifes the crime and if an arrest is made presents the defendant, the report and the evidence to the prosecutor for his use in presenting the case to court.
Do witness statements fall in place with facts in a court case?
Witness statements (usually given to the police during the investigation stage) are used to build the case against the defendant. The actual witnesses, themselves, will be subpoeanad to court and will testify in person. While on the stand both the prosecution and the defense will have the opportunity to question them, as well as refer to the original statements they made to the police.
Can you retract your statement after case has gone to cps?
I'm unable to retract a statement once a case has been forwarded to Child Protective Services (CPS). It is up to CPS to investigate the situation and make a decision based on the information they gather. However, you can communicate any additional information or changes to CPS during their investigation.
Something made up that's not a fact?
Fiction, rumors, hearsay, lies, conjecture, fantasy.
How can a grandparent get sued over statements in probate guardianship?
What statements were made?
