Reference no: EM133202399

Scenario 1: An eyewitness to a robbery provides a statement to police about what they saw along with a description of the suspect to police. The lead robbery detective is on the witness stand. The prosecutor asks the lead robbery detective if the eyewitness saw what happened. The detective says yes and starts to read the witness statement out loud to the jury.

Scenario 2: An eyewitness to a robbery is in the liquor store at the time of the incident. She is traumatized by the fact that the robber used a gun during the robbery. When police enter the liquor store, the eyewitness who is very upset and sobbing yells to the police officers, "Ron Smith just robbed the place with a gun and he ran out down Hubbard Ave." Police apprehend Smith blocks away with a gun on his person and cash from the robbery. During trial, a police officer who entered the liquor store is asked on the witness stand by the prosecutor, "Did anyone say anything when you walked in?" The police officer testifies, "Yes." The prosecutors asks, "Who was this, and how did they seem?" The officer testifies, "Very upset and crying, very distraught and emotional." The prosecutors ask the officer, "What did she say?" The police officer testifies, "Ron Smith just robbed the place with a gun and ran down Hubbard Ave."

Scenario 3: During a break in the robbery trial, lead robbery detective Lemon is standing in the hallway getting ready to take the stand. The defendant Ron Smith walks out of the courtroom toward his wife who is nearby Detective Lemon. Obviously frustrated by how the trial is going, Smith says to his wife, "I can't believe that eyewitness fingered me on this robbery! I'm just glad the police didn't find all the money I got from the robbery that I dropped while I was running." Detective Lemon overhears this statement by Smith and tells the prosecutor before he takes the stand. The prosecutor tells the defense attorney what Detective Lemon heard. On the witness stand, the prosecutor asks Detective Lemon if he overheard a conversation outside of the courtroom during the break with his wife. Detective Lemon says, "Yes." The prosecutor asks the detective, "What did you hear the defendant say?" Detective Lemon states what he heard the defendant say about dropping some of the money.

Questions:

What does the confrontation clause mean for defendants during their trial?

Can testimony simply be read into the record for a jury or a judge to consider when the witness is available to testify?

What is the hearsay rule, and how does it impact what is said on the witness stand in front of a jury or judge during a trial?

What are some exceptions to the hearsay rule?