Legal Question in Criminal Law in Pennsylvania

Are there exceptions to the hearsay rule when content of instant messages have nothing to do with the crime, but may indicate who used the computer when the crime occurred? According to Federal Rules of Evidence-Rule 801 (d) (2), statements made freely by the accused which tended to show guilt, are admissible as evidence. Let�s say that someone was accused of downloading videos and music illegally and the prosecution wants to admit an instant message conversation into the trial. If the conversation had nothing to do with the illegal activity, but may indicate who used the computer because of the time and dates stamps of the messages, would the content of the instant message conversation be allowed in court or would that violate the hearsay rule since the conversation doesn�t acknowledge guilt about the illegal activity?


Asked on 6/28/12, 2:19 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

For starters in a Pennsylvania Court they use the Pennsylvania Rules of Evidence. While similar to the Federal Rules there are difference.

Besides what you have with the instant messages is not a statement against interest (a exception to the hearsay rule) but rather evidence that probative value as to who may have committed the crime.

{John}

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Answered on 6/28/12, 2:48 pm


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