What are the Rules of Hearsay Evidence?
California's Evidence Code Section 1200 establishes the hearsay rule, generally barring the use of out-of-court statements as evidence to prove their truth.
Despite the general bar, the hearsay rule is not a blanket prohibition. It includes numerous exceptions that allow the admission of hearsay evidence under specific conditions, emphasizing its reliability.
This law declares that third-party hearsay cannot be admitted as evidence at trial. The rule stems from the idea that hearsay is typically unreliable and cannot be cross-examined.
Essentially, EC 1200 is the law that generally prohibits the admission of hearsay evidence in court.
Hearsay, a statement made by someone other than the witness testifying, can significantly impact the outcome of a case when presented to establish the truth of the matter.
This rule of evidence in California criminal cases mainly exists because hearsay statements are considered unreliable as evidence. Additionally, they are not made under oath and cannot be challenged through cross-examination in court.
What Does EC 1200 Cover?
The legal definition of hearsay under Evidence Code 1200 states: "(a) 'Hearsay evidence' is a statement made outside of court, not by a witness testifying at the hearing, which is offered to prove the truth of its content... except as legally permitted, hearsay evidence is inadmissible."
A typical hearsay example involves a witness stating that a friend said the defendant confessed to the crime, but the friend who supposedly made the statement does not testify.
While the hearsay rule is designed to protect the defendant and ensure fairness, its numerous exceptions can make it a complex and challenging aspect of the law to navigate. This complexity underscores the importance of seeking professional legal guidance to understand what qualifies as 'acceptable' hearsay.
What is Hearsay Exactly?
Evidence Code 1200 explicitly defines hearsay evidence as a statement not made by a witness while testifying at the hearing, and offered to prove the truth of the matter stated.
In simple terms, hearsay occurs when a witness reports something someone else said outside of court. It qualifies as "hearsay evidence" when an attorney tries to use that out-of-court statement to verify a fact.
A "statement" can refer to spoken words, written communication, or nonverbal actions like hand gestures, head shakes, or shoulder shrugs. This rule applies in both criminal and civil trials, as well as in any hearings during the pretrial and sentencing phases.
Why was the Hearsay Rule Established?
The hearsay rule primarily exists for two reasons. Generally, hearsay is not admissible as evidence in court because it is considered unreliable.
Third-hand statements are often inaccurate. The more a word is repeated among people, the greater the chance it will diverge from the original message. Hearsay tends to be unreliable because human memory is frequently imperfect.
Hearsay cannot undergo cross-examination. The Sixth Amendment guarantees defendants the right to cross-examine witnesses testifying against them.
Since hearsay is a statement made outside of court by someone not testifying, it cannot be verified through cross-examination.
Suppose the prosecution presents a statement that was not made by a witness at trial and asserts its truth. In that case, the defense does not have the opportunity to cross-examine that witness to challenge the statement.
When Is Hearsay Admissible in Court?
Although hearsay typically isn't admissible as evidence against a defendant, California law recognizes over 12 exceptions that allow it to be admitted without disadvantaging the defendant. Some of the most significant exceptions include, but are not limited to, the following.
- Hearsay admissions by the defendant are governed by Evidence Code 1220 EC. If a witness reports an out-of-court statement by the defendant that incriminates them, this can be admitted as evidence against the defendant despite being hearsay.
- Statements against one's interests, like implicating oneself in a crime, are often seen as credible under Evidence Code 1230. These 'declarations against interest' are unlikely to be false because they are so contrary to self-interest that no rational person would make them unless true, providing a reassuring aspect of the legal system.
- Prior inconsistent statements are governed by Evidence Code EC 1235. Hearsay can reveal inconsistencies in a witness's sworn statements; for instance, if a witness reports another person's statement that conflicts with their own, it can cast doubt on the witness's credibility. This hearsay is considered reliable as it helps impeach or discredit testimony.
- Deathbed or dying declarations by Evidence Code 1242 are statements made by a person while on their deathbed concerning their injuries or events. They are admissible evidence because it is unlikely someone would lie about details relevant to their death when death is near.
- Spontaneous statements under Evidence Code 1240 are declarations made spontaneously during an event, without prompting or questioning, and are considered admissible hearsay because they aren't shaped to fit a specific narrative.
- Previously recorded recollections or identifications under Evidence Code 1237 are when a witness's prior documentation of an event, like notes or recordings, is used as hearsay if the witness testifies to the record's accuracy, including defendant identifications and witness statements.
- Business records—Evidence Code 1271—are reliable when kept in the ordinary course of business and used as hearsay in court. This includes ledgers, financial statements, and emails. They must have been created in the normal course of business near the event, and a qualified witness must testify on their preparation to confirm reliability.
- Victims of child abuse, child sex crimes under 12, and elder abuse (over 12) don't have to testify in court; instead, video or recorded statements can be used as evidence. For serious child sex crimes like Penal Code 261 PC (rape) and 288 PC (lewd acts with a minor), police or welfare reports by children under 12 are also admissible as out-of-court statements.
- Unavailable witnesses for serious felonies — Evidence Code 1350 allows prior statements by witnesses who were killed or kidnapped to prevent testimony from being admitted as hearsay. This exception applies in California criminal trials when the defendant is charged with a serious felony and there's clear evidence the witness was made unavailable through homicide or kidnapping, among other requirements.
Other exceptions to the hearsay rule include former testimony under Evidence Code 1291, statements regarding physical injury, and elder abuse statements under Penal Code 368 and Evidence Code 1380.
Reach Out to a California Defense Lawyer for Assistance
If you have been charged with a crime and need more information about how the California Evidence Code 1200 hearsay rule might apply to your case, then reach out to us to examine all the details of your case.
Cron, Israels & Stark are highly regarded California criminal defense lawyers located in Los Angeles County. We offer exceptional legal services to clients throughout Southern California. To start your case review, you can reach us by phone or through our contact form.
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