Legal Definitions - James hearing

A James hearing is a legal proceeding that determines whether statements made by a co-conspirator outside of court can be used as evidence in a trial. The hearing analyzes whether there was a conspiracy, whether the person who made the statement and the defendant were part of the conspiracy, and whether the statement was made to further the conspiracy.

Two people are accused of robbing a bank. During the investigation, one of the suspects tells the police that they planned the robbery with the other suspect. At trial, the prosecution wants to use the statement made by the suspect as evidence against the other suspect. The defense argues that the statement should not be allowed because it was made outside of court and is hearsay. The judge then holds a James hearing to determine whether the statement can be used as evidence.

The James hearing would analyze whether there was a conspiracy to rob the bank, whether both suspects were part of the conspiracy, and whether the statement made by one suspect was made to further the conspiracy. If the judge determines that all three elements are met, then the statement can be used as evidence against the other suspect.