The trial for a murder committed in my home town has entered the penalty phase, and there is a question of whether the children of the murdered couple will be allowed to testify about their own opinions of the death penalty (they are against it), as well as about their parents’ opinions (the children say their parents were also against it). Here are a couple of articles about it:
My question is: even if the children are allowed to testify about their own beliefs about the death penalty, would the hearsay rule prevent them from testifying about their parents’ beliefs? That is, does the hearsay rule apply to the penalty phase of a trial, and if so, is there an exception if the person being quoted is dead?
Really? As I understand the hearsay rule, a witness is usually not allowed to testify to something that he or she doesn’t know first-hand. For example, a witness can testify to what he saw, but usually not to what someone else saw based on what the witness had been told. In this case the testimony is about opinions held by people other than the witness. Wouldn’t the original evidence have died with the parents? I certainly wouldn’t expect a witness to be allowed to testify about the opinions of a living person other than himself - is there an exception if the person is dead? (All of this assuming that the trial is still in the guilt phase.)
The children could be asked how do they fill about the death penalty. And when they say it is wrong, then ask them where they got their beliefs. The answer would be our parents taught us it was wrong.
I know what hearsay is ,Bricker. They can relate what their parents said, because they heard them say it. They are relating what they heard, not hearsay. I
It will be hearsay is the testimony’s purpose is to adduce that the parents were against the penalty.
It will not be hearsay if it is put forward to adduce that the parents made a comment or comments that the penalty should not be given.