Seven Hearsay Exceptions in Federal Criminal Court

Anyone can repeat anything on social media. Usually, repeated statements are very inflammatory and very effective for the person using them. For that reason, prosecutors try to use as many inflammatory statements as possible when they present criminal cases in federal court. However, the Federal Rules of Criminal Procedure sharply limit the use of hearsay, or an out-of-court statement used to prove the truth of the matter asserted.

Some “hearsay” statements are not legally hearsay. If Paul repeats what Peter told him, and Peter is available for cross-examination, Peter’s statement may not be hearsay. If Paul testifies that Peter wore a yellow shirt because yellow is Peter’s favorite color, that statement may not be hearsay. It’s not offered to prove the color of Peter’s shirt.

Hearsay exceptions, especially the ones discussed below, are much more common. A Tampa criminal defense lawyer must be very mindful of these exceptions when preparing cases for trial in federal court. Hearsay statements are not automatically inadmissible. An attorney and more importantly an attorney’s criminal defense client, could pay a very high price for this false assumption.

Excited Utterance

Hearsay statements are inadmissible because it’s very difficult to determine if these statements were true or untrue. A Tampa criminal defense lawyer cannot cross-examine a person who isn’t there.

A statement made immediately after a startling event, such as a 9-1-1 call, is considered more reliable because speakers usually aren’t thinking about what they are saying. Instead, they describe events as they unfold before their eyes.

An excited utterance may not be hearsay, but it could still be unreliable. Our eyes and ears are not cameras and microphones. We see and hear things selectively.

Present Sense Impression

This exception resembles the excited utterance exception in many ways. An out-of-court statement that describes or explains an event or condition made while the declarant was perceiving it or immediately after is admissible even though it’s hearsay. If the present sense impression was intangible (e.g. I thought Phil was lying), the statement is harder to shoehorn into this exception.

Dying Declaration

Nemo moriturus praesumitur mentire (a man will not meet his maker with a lie in his mouth). The exception only applies in extreme situations. If David says “get a doctor,” this exception probably doesn’t apply. If he says “get a priest,” that’s different.

Statement Against Interest

Perhaps the most common hearsay exception usually applies to jailhouse confessions and other such admissions. The declarant must know the statement is against his/her current interests.

Statements Made to Receive Medical Treatment

Any statement made for the purpose of medical diagnosis or treatment, even if it was not made to a doctor, is admissible hearsay.

This exception is not a blanket exception. Instead, it’s a possible exception. There are some situations when people routinely lie or conceal facts even when speaking with their doctors. Matters related to the transmission of a sexually transmitted disease are one example. Furthermore, many people tell their doctors what they think they want to hear (e.g. I smoke but there’s no way I smoke more than two packs a day).

Public Records

Records that are regularly kept in the regular course of business are admissible, if these records are factual and based on the personal knowledge of public officials. These records usually include items like speech or debate transcripts and commission reports. Some government reports, such as police reports, are excluded under the rule.

Business Records

This exception is similar, but it applies to shareholder reports, meeting minutes, and other private documents. These documents must meet a certain level of trustworthiness.

Connect With a Detail-Oriented Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

law.cornell.edu/rules/fre/rule_803