The Hearsay Evidence Rule – Admission and Confessions

From the Classroom
By: Ray Hill, Professor Emeritus, Santa Rosa J.C. 

    The Hearsay Evidence Rule – Admission and Confessions 

This is the sixth in a series of bulletins covering the California Evidence Code and criminal investigations. This next series will cover the Hearsay Evidence Rule as it relates to an officer, deputy, or investigator giving testimony in court (140 E.C.). 

We previously covered the Hearsay Evidence Rule and Domestic Violence Investigations (3/24/2022 – LUPC Ref. #CAB00144). This next series of bulletins will breakdown the individual hearsay exceptions. 

First, an overview. Hearsay evidence involves evidence of a statement made other than by the witness while testifying that is offered to prove the truth of a matter stated (1200 E.C.). Simply put, this is an "out-of-court" statement by someone else that is offered for proof in court. Example: 

     A witness attempts to testify to what someone else told her. This testimony is hearsay and will not be admissible unless it falls under a recognized exception. 

Hearsay evidence is considered unreliable because there is no opportunity to judge the competency or credibility of the original declarant, there is no guarantee of truthfulness because the original declarant is not under oath or affirmation in court, and there is no opportunity to cross-examine testimony to clarify facts or to impeach testimony. Example: 

"In order to encourage witnesses to put forth their best efforts and to expose inaccuracies in perception, recollection, and narration, the Anglo-American tradition evolved three conditions under which witnesses ordinarily will be required to testify: oath, personal presence at trial, and cross-examination”. “The rule against hearsay evidence is designed to ensure compliance with these ideal conditions" (McCormick on Evidence, 7th Edition (2013) pp. 581-582). 

However, the Hearsay Rule is known more for it’s recognized exceptions than for the general rule itself. A recognized  exception means the hearsay testimony is admissible (1201 E.C.). So, an officer, deputy, or investigator could testify to what someone else told them for proof purposes in court. 

For each hearsay exception, there ....

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