Hearsay As Evidence In Court

The Fifth Amendment protects citizens from self-incrimination and establishes that one has no obligation to provide statements either to police or in court regarding one’s own criminal activity. However, it does not apply to statements made otherwise, including those in private conversations or monologue, by the subject of a criminal investigation and directed toward friends, family or anyone else. These statements might later come to light and be offered as evidence.

The things a person says might be used against them, even though they are not expressed pursuant to police questioning or court testimony. However, many statements made out of a courtroom are not admissible in court as evidence.

Federal Rule of Evidence 801 defines hearsay as any “statement other than the one made by the witness while testifying that is offered into evidence to prove the facts asserted in that out-of-court statement that other statements are true.” The definition of hearsay can include written documentation, electronic transmissions of voice, and recordings of such transmissions.

Generally, hearsay is inadmissible in court as substantive evidence (i.e. evidence offered to prove claims in a case) but exceptions exist. If the statement falls under one of the exceptions to the hearsay rule, it will be admissible in a Washington court. Two such exceptions are fairly common.

Excited Utterance

Perhaps the most common example of an exception to the hearsay rule is an excited utterance, which is a statement made during or after a highly dramatic experience, and while the speaker is under the influence of emotion inspired by the incident.

Present Sense Impression

A statement made by the speaker concurrently with his real-time perception of an event, or shortly thereafter.

Other Reasons to Admit Hearsay as Evidence

The definition of hearsay contains the condition that the statement in question is offered to prove the truth of the matter asserted in the statement itself. If offered for other reasons, though, it could be admissible as evidence.

Credibility of a Witness

If offered to impeach a witness, (i.e. establish a lack of credibility) hearsay is always admissible in court, but still cannot be offered to prove substantive claims.

Verbal Acts

Some statements might be admissible to assert the truth of another matter altogether, and not the matter asserted in the statement, itself. For example, if the subject of a murder investigation states, “I did not kill that guy,” this statement might be admitted as evidence to prove that the subject had knowledge of the murder at the time he made the statement.

Get Legal representation

If you are being charged with a criminal offense and the evidence against you includes statements you made, don’t allow your words to be taken out of context. One basis for the existence of rules forbidding hearsay as evidence in court is that the admissibility of such statements circumvents safeguards and measures, such as swearing under oath, set forth to ensure the truthfulness of speakers in courtrooms.

Words spoken out of court can be incriminating. Challenge the admissibility of these statements. Having evidence refused in court requires the skills of an experienced attorney. Contact the criminal defense attorneys at The Nahajski Firm at (206) 621-0500 for a free and confidential initial consultation.