ABSTRACT

Much of the evidence presented in legal proceedings is evidence of what somebody did or said outside the courtroom. This chapter and the next one discuss a particular problem with such evidence: a person’s out-of-court acts may reveal what that person has witnessed. Fact-finders are forbidden from learning about facts in this way by the hearsay rule, which mandates courtroom testimony as the sole legitimate method for a court to be informed about what a person has witnessed.