Legal Question in Criminal Law in Pennsylvania
written statement
Can police use a written statement at a preliminary hearing if the person who wrote the statement is not present?
3 Answers from Attorneys
Re: written statement
If the police testify that the person will be available for trial, and the hearsay statement is not the only evidence of a crime presented, it can be used.
Re: written statement
Hearsay can be used but must not be the only evidence at a preliminary hearing.
Re: written statement
The written statement alone is hearsay. If the written statement is used to show a necessary element of the case, then the defendant is deprived of his constitutional right to confront and cross examine the witnesses against him.
However, in recent years the Pennsylvania Superior and Supreme Courts have been departing from precedent so I think it is highly dependent on what the statement is and how important it is to the prosecution's case.
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