Legal Question in Criminal Law in Minnesota

Re: statements and police reports used as evidence

An out of court statement of a declarant not present in court, offered to prove the truth of the matter asserted is "hearsay," and inadmissible to evidence at a trial, unless an exception applies. Numerous exceptions exist.

However, a prior out of court statement of a testifying witness would likely be held admissible as an exception, or for purposes of impeachment.

To say more, more facts would be needed.

Re: statements and police reports used as evidence

Generally prior out of court statements in the form of written statements or oral statements recited by the testifying witness would be considered "hearsay" and would thus not be admissible into evidence. However, the are a number of exceptions to the hearsay rule. It would depend upon who gave the statement.

Another situation deals with the issue of impeachment. With impeachment, the prosecutor here is not seeking to introduce the prior statement as evidence, but rather to impeach or attack the credibility of the witness. An example: witness gave a written statement to police that she was punched by her boyfriend. On the witness stand, she testifies she was not hit at all. The prosecutor could use her prior written statement at trial to show she is not telling the truth now, or perhaps at the time of giving the statement to police.

If you would additional details, feel free to contact me for a free consultation.

Best wishes.

Re: statements and police reports used as evidence

Generally prior out of court statements in the form of written statements or oral statements recited by the testifying witness would be considered "hearsay" and would thus not be admissible into evidence. However, the are a number of exceptions to the hearsay rule. It would depend upon who gave the statement.

Another situation deals with the issue of impeachment. With impeachment, the prosecutor here is not seeking to introduce the prior statement as evidence, but rather to impeach or attack the credibility of the witness. An example: witness gave a written statement to police that she was punched by her boyfriend. On the witness stand, she testifies she was not hit at all. The prosecutor could use her prior written statement at trial to show she is not telling the truth now, or perhaps at the time of giving the statement to police.

If you would additional details, feel free to contact me for a free consultation.

Best wishes.

Re: statements and police reports used as evidence

Generally prior out of court statements in the form of written statements or oral statements recited by the testifying witness would be considered "hearsay" and would thus not be admissible into evidence. However, the are a number of exceptions to the hearsay rule. It would depend upon who gave the statement.

Another situation deals with the issue of impeachment. With impeachment, the prosecutor here is not seeking to introduce the prior statement as evidence, but rather to impeach or attack the credibility of the witness. An example: witness gave a written statement to police that she was punched by her boyfriend. On the witness stand, she testifies she was not hit at all. The prosecutor could use her prior written statement at trial to show she is not telling the truth now, or perhaps at the time of giving the statement to police.

If you would additional details, feel free to contact me for a free consultation.

Best wishes.

Re: statements and police reports used as evidence

Generally prior out of court statements in the form of written statements or oral statements recited by the testifying witness would be considered "hearsay" and would thus not be admissible into evidence. However, the are a number of exceptions to the hearsay rule. It would depend upon who gave the statement.

Another situation deals with the issue of impeachment. With impeachment, the prosecutor here is not seeking to introduce the prior statement as evidence, but rather to impeach or attack the credibility of the witness. An example: witness gave a written statement to police that she was punched by her boyfriend. On the witness stand, she testifies she was not hit at all. The prosecutor could use her prior written statement at trial to show she is not telling the truth now, or perhaps at the time of giving the statement to police.

If you would additional details, feel free to contact me for a free consultation.

Best wishes.

Re: statements and police reports used as evidence

Generally prior out of court statements in the form of written statements or oral statements recited by the testifying witness would be considered "hearsay" and would thus not be admissible into evidence. However, the are a number of exceptions to the hearsay rule. It would depend upon who gave the statement.

Another situation deals with the issue of impeachment. With impeachment, the prosecutor here is not seeking to introduce the prior statement as evidence, but rather to impeach or attack the credibility of the witness. An example: witness gave a written statement to police that she was punched by her boyfriend. On the witness stand, she testifies she was not hit at all. The prosecutor could use her prior written statement at trial to show she is not telling the truth now, or perhaps at the time of giving the statement to police.

If you would additional details, feel free to contact me for a free consultation.

Best wishes.