If a statement was taken from an individual by a police officer in regard to a complaint filed can that officer take the stand if the case goes to trial and repeat this statement and it be admitted as evidence or would it be considered "hear say"? Also would that individual be required to testify in court and repeat what he or she said in the statement for it to carry any "legal weight" with the court and then be submitted to cross examination?

ScottGem

A defendant has the right to confront and cross examine their accusers. However a police officer can testify as to what their investigation uncovered. So its hard to give a hard and fast answer to that. Most likely, the witness would be required to appear in court so they can be cross examined. However, a judge might allow a deposition to be taken.

excon

Hello tm:

In a perfect world, what someone told a cop could NOT be uttered in court BY THE COP. The person who made the statement would have to appear and be cross examined.

However, we don't live in a perfect world. We live in a world where we have unscrupulous prosecutors, bad lawyers and dumb judges.

So, I dunno if that statement could get in or not.

excon

ScottGem

By the way, if you want to see just how badly a trial can go for defendants, read John Grisham's The Innocent Man. This is a TRUE story of people wrongfully convicted of murder.