What is hearsay in a criminal case?

What is hearsay in a criminal case?

• A. An out-of-court statement offered to prove the truth of the matter asserted; excluded due to reliability concerns unless an exception applies.
• B. An in-court statement made by a witness during testimony.
• C. A statement offered to prove something other than truth, such as impact on the listener.
• D. A self-serving statement by a party presented to impeach credibility.

Answer: (A)

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. In criminal cases, such statements are generally excluded because the reliability of the assertion can’t be tested through the declarant’s cross-examination, unless a recognized exception applies. The option that matches this idea states exactly that definition and notes the reliability concern that justifies exclusion unless an exception exists. The other descriptions describe things that aren’t hearsay in the same sense: statements made in court as part of testimony are not out-of-court hearsay; statements offered to show something other than truth (like the effect on the listener) aren’t being offered for truth; and a self-serving statement used to impeach credibility is an impeachment issue, not a substantive hearsay problem.

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. In criminal cases, such statements are generally excluded because the reliability of the assertion can’t be tested through the declarant’s cross-examination, unless a recognized exception applies. The option that matches this idea states exactly that definition and notes the reliability concern that justifies exclusion unless an exception exists. The other descriptions describe things that aren’t hearsay in the same sense: statements made in court as part of testimony are not out-of-court hearsay; statements offered to show something other than truth (like the effect on the listener) aren’t being offered for truth; and a self-serving statement used to impeach credibility is an impeachment issue, not a substantive hearsay problem.