Hearsay Evidence: Proof, Truth, and Doubt For the MP3 & MP4 Generation

Did you see what I heard?

Judge: Did you or did you not see the gun being fired?

Witness: I did not see it being fired. I only heard it.

Judge: Well, that's hearsay. It's inadmissible as evidence.

As the witness left the stand and walked back to his seat, his back was turned to the judge, at which point he laughed out loud. Immediately the judge recalled him to the bench and was about to hold him in contempt of court.

Witness: Did you actually see me laugh?

Judge: No, but I heard you.

Witness: Isn't that the same kind of inadmissible evidence, Judge?

 

The origin of the hearsay exclusionary rule is traced to (you will "hear" churchbells with correct answer):

(a) the trial of Lizzie Borden
(b) the trial of Mary Queen of Scots
(c) the trial of Thomas Cornell
(d) the trial of Charles I
(e) the trial of Sir Walter Raleigh

Refresh your recollection about hearsay evidence. Review THE HEARSAY RULE AND ITS EXCEPTIONS.

Test your knowledge.

Read LIZZIE BORDEN and particularly note the story of her ancestor--Thomas Cornell. Read more of his bizzare trial: In Praise of Hearsay.

Reflect on your readings from the previous module on authentication.

What is podcasting?

View the Quick Time movie: Pod Casting 101

TO DO: Synthesize your understanding of these resources about the hearsay rule and apply them to the electronic medium of podcasting. Then consider the potential problems that could arise from someone using this medium who will be involved in a legal dispute or crime. Create a hypothetical setting, factual background, and legal problem about its use. State the problem and its solution in memorandum form to me by email attachment (jlcarrol@samford.edu) by Sunday, November 20, 2005.

Post only your problem on the forum under "Hearsay Hypos" on Monday, November 21, 2005. You must then select a classmate's submission and post a solution no later than Wednesday, November 23, 2005. Each student is to post only ONE (1) solution. That means that once a problem has a submitted solution, it cannot be chosen by another.

This is the last learning module to be completed for the course. There will be a face-to-face class meeting TBA to discuss the final examination and review.