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 ....