WHAT IS HEARSAY ANYWAY?
Hearsay is defined in CRE 801 as “a statement, other than one made by the witness while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” CRE 802 bars the use of hearsay testimony, subject to certain exceptions discussed below. An easy example is that a witness may not testify that the witness heard the bank teller say that the defendant robbed the bank. If the prosecution wants to introduce testimony that the bank teller can identify the defendant as the robber, then the prosecution needs to put the bank teller on the stand. The ban on hearsay testimony is premised on several beliefs. First, it is thought that a jury can form a much better opinion about the reliability of the person making the statement – the declarant – if the jury can see and hear the declarant first-hand. Second, it is believed that subjecting the declarant to cross-examination can further improve the ability of the jury to determine the reliability of the declarant
