Illinois Criminal Evidentiary Rules: Hearsay Rule 801 & 802

Illinois has finally adopted formal rules of evidence. Despite the declared intentions of the drafters, these rules do not fully harmonize with Illinois’ common law of evidence and the ad hoc modifications of those rules enacted by the legislature over the years. In Part 3 of his 7-part series entitled "Old Wine in a New Bottle: Illinois Law of Evidence and New Rules of Evidence for Criminal Defense," attorney Stephen L. Richards discusses the rules and case law governing the admission and exclusion of hearsay, including topics such as “Hearsay Defined,” “Scalia’s Revolution,” “The Revenge of Sir Walter Raleigh,” and “The Impact of the New Confrontation Clause.” 

Learning Objectives: 

I. Discusses the rules and case law governing the admission and exclusion of hearsay, including topics such as: 

• Scalia’s Revolution
• the Revenge of Sir Walter Raleigh
• the Impact of the New Confrontation Clause

II. Define Hearsay and understanding issues related to: 

• What is and what is not actual hearsay
• Admissions by Party Opponent
• Testimonial Hearsay

II. Grasp Illinois statutory hearsay exceptions