Hearsay Exceptions Related to Reputation

Generally speaking, statements that have been made outside of a courtroom cannot be used as evidence in a criminal case because they are considered to be “hearsay” under Rule 802 of the Indiana Rules of Evidence. The thinking behind this rule is that the speaker of such a statement — the “declarant” — cannot be cross-examined by the other side, so it is not fair to admit such a statement. However, under Rule 803 of the Indiana Rules of Evidence, there are a number of exceptions to the Rule Against Hearsay. In other words, certain statements that would otherwise be considered hearsay can be admitted in certain circumstances. When one of the listed exceptions applies, then a statement made out of court can be admitted in a case.

There are a wide range of exceptions to the rule against hearsay, and we want to discuss three specific exceptions concerning a person’s reputation.

What Are Exceptions Concerning Reputation? 

In the Indiana Rules of Evidence, Rule 803(19), Rule 803(20), and Rule 803(21) are all exceptions to the rule against hearsay concerning reputation. Here is the language of each of these specific exceptions:

• (19) Reputation concerning personal or family history: A reputation among a person’s family by blood, adoption, or marriage — or among a person’s associates or in the community — concerning the person’s birth, adoption, legitimacy, ancestry, marriage, divorce, death, relationship by blood, adoption, or marriage, or similar facts of personal or family history.
• (20) Reputation concerning boundaries or general history: A reputation in a community — arising before the controversy — concerning boundaries of land in the community or customs that affect the land, or concerning general historical events important to that community, state, or notion.
• (21) Reputation concerning character: A reputation among a person’s associates or in the community concerning the person’s character.

In criminal cases in Indiana, Rule 803(21), or the exception for hearsay of reputation concerning character, is typically the reputation-related exception that is most likely to arise in a case. This exception to the rule against hearsay can be controversial, especially given that a person’s reputation can be formed in a community where there are significant issues of bias.

Contact Our Indianapolis Criminal Defense Attorneys for Assistance with Your Case 

The concept of hearsay, including the Rule Against Hearsay and the exceptions to it, can be extremely complicated. While it is important to have a general understanding of what to expect in the criminal case you are facing, the most important thing is to have experienced legal counsel on your side. One of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can speak with you today to discuss the details of the criminal charges you are facing, and we can begin working with you on a defense strategy that is tailored to the particular facts of your case. Contact our firm to learn more about your defense options and how we can assist you.

Source: 

rules.incourts.gov/Content/evidence/default.htm