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Crawford Confusion Marches On: The Confrontation Clause And Hearsay Laboratory Drug Reports, David A. Doellman
Crawford Confusion Marches On: The Confrontation Clause And Hearsay Laboratory Drug Reports, David A. Doellman
Missouri Law Review
Rapid advances in science and technology have influenced criminal prosecutions as police often utilize advanced technology to obtain evidence that is integral to the prosecution's case against a criminal defendant. Such practices are especially common in cases involving illegal drugs, in which slight variations in the precise measurements of such substances could add or subtract from the lengths of sentences. Often, prosecutors offer this crucial evidence in court through a laboratory report documenting the exact results of the tests performed on the alleged illegal substances. The admission of these lab reports seemingly complies with the rules of evidence of most …
Rule 804(B)(6) - The Illegitimate Child Of The Failed Liaison Between The Hearsay Rule And Confrontation Clause, Anthony Bocchino, David Sonenshein
Rule 804(B)(6) - The Illegitimate Child Of The Failed Liaison Between The Hearsay Rule And Confrontation Clause, Anthony Bocchino, David Sonenshein
Missouri Law Review
This article argues that the "Forfeiture by Wrongdoing" exception to the hearsay rule is utterly lacking in any of the traditional indicia of trustworthiness, which are the universal hallmark of all admissible hearsay evidence pursuant to the Federal Rules of Evidence. Further, we take the position that this rule is an unnecessary systemic check against civil and criminal litigants who intentionally subvert the justice system by procuring the unavailability of witnesses by wrongdoing. Other sanctioning mechanisms which do not allow criminal and civil justice decisions be influenced or determined by untrustworthy evidence exist and are better tailored to the deterrence …