Legal Question in Criminal Law in Pennsylvania

Hearsay Rule

Im a little confused about ''hearsay'' particularly in domestic violence situations. Many times courts have allowed police testimony with reference to what a victim told them (after they ASKED the victim to tell them what happened)because prosecution argues the police was trying to assess the initial situation upon arrival and determine the aggressor, hence it is not testimonial nor is it considered police ''interrogation''. Is that true? Does that mean what I told a police officer after he asked me to tell him what happened admissible in court even though it is hearsay?


Asked on 2/24/06, 9:28 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Hearsay Rule

Hearsay is defined as an out of court statement asserted for the truth of the matter contained therein. Not all hearsay is inadmissable. Rules of evidence have developed that allow certain exceptions. If you are the defendant anything you said is admissible as a party admission. if you are the victim it is only admissible if it was made as an excited utterance, a dying declaration or a few other ways.

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Answered on 2/25/06, 6:30 am


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