The Legal Myth Series, Part Six: “That’s Just Hearsay!”
By James L. Spies | AggressiveCriminalLaw.com
Clients often say, “That’s just hearsay!” when they hear the prosecutor plans to use the alleged victim’s statements or the testimony of a witness. But not every statement is hearsay. In fact, the accuser’s direct testimony in court is considered direct evidence, not hearsay.
What Hearsay Really Means
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. In other words, it is when someone tries to testify about what another person said outside of court. For example, “My neighbor told me he saw James selling drugs.” That is hearsay if the neighbor is not present in court and someone is repeating what they heard. The neighbor’s testimony about what he saw with his own eyes, though, is not hearsay. That is direct evidence. So long as that person is present in court to say it themself.
Why the Myth Persists
Movies and TV shows toss the word around as if it applies to any damaging testimony. Clients then believe that if the only evidence is “what someone says,” it should automatically be excluded. The truth is that the law treats in-court testimony very differently than second-hand statements.
How Courts Handle It
If a witness takes the stand under oath and testifies about what they personally observed, whether it is the alleged victim saying “He hit me” or an officer saying “I saw him with the drugs,” that is admissible direct evidence. It is up to the jury to decide whether they believe it. Hearsay objections only come into play when the testimony involves repeating what someone else said outside of court, and the person who said it is not present and available to testify in court.
The Bottom Line
Not all statements are hearsay. Direct testimony from a witness in court is evidence the jury can consider, even if the defendant disagrees with it. Understanding this distinction is important for clients who sometimes confuse “I do not like that evidence” with “That evidence is inadmissible.” A good defense lawyer knows the difference and can object when the rules truly apply, but jurors are always allowed to hear direct testimony from accusers and witnesses.
