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A Subject Matter Approach To Hearsay Reform, Roger Park
A Subject Matter Approach To Hearsay Reform, Roger Park
Michigan Law Review
None of the three major reform proposals - the Model Code, the Uniform Rules, or the original Federal Rules - incorporated a systematic distinction between civil and criminal cases. The thesis of this article is that this distinction should be adopted. This article will explore the reasons for excluding hearsay, and conclude that they support different sets of rules in civil and criminal cases. In civil cases, rules excluding hearsay should be curtailed. Hearsay that fits under an established exception should be admitted, and other hearsay, without discretionary screening by the trial judge, should be admitted on proper notice. In …
Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal
Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal
Law Faculty Publications
A return to the emotionally neutral fundamentals of the hearsay rule presents the clash between pragmatists and academicians in a setting which is free of the value laden considerations surrounding child abuse cases. This clash arises at the most fundamental level, that of defining hearsay. Many academicians favor a definition of hearsay as evidence whose reliability depends upon the veracity of someone not subject to cross-examination. Pragmatists (particularly trial lawyers) often find this formulation awkward and prefer a concise definition of hearsay as an out-of-court statement offered for the truth of the contents. The choice of definitions can make a …
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Evidence - North Carolina Allows Admission Of The Unthinkable: Hearsay Exceptions And Statements Made By Sexually Abused Children - State V. Smith, Benita A. Lloyd
Campbell Law Review
This Note will discuss how the court's decision to expand the traditional hearsay exceptions under Rule 803 ranks in effectiveness with other methods which allow into evidence hearsay statements of a child victim. While Smith does not provide admission of all critical hearsay statements made by sexually abused children, the decision goes a long way in allowing North Carolina courts to admit the unthinkable.
Ambiguity: The Hidden Hearsay Danger Almost Nobody Talks About, Paul Bergman
Ambiguity: The Hidden Hearsay Danger Almost Nobody Talks About, Paul Bergman
Kentucky Law Journal
No abstract provided.
Unavailability And Admissibility: Are A Child's Out-Of-Court Statements About Sexual Abuse Admissible If The Child Does Not Testify At Trial?, Joellen S. Mccomb
Unavailability And Admissibility: Are A Child's Out-Of-Court Statements About Sexual Abuse Admissible If The Child Does Not Testify At Trial?, Joellen S. Mccomb
Kentucky Law Journal
No abstract provided.