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Party Admissions In Criminal Cases: Should The Government Have To Eat Its Words?, Anne Poulin

Anne Poulin

As currently applied, evidence law gives the government an unfair advantage in criminal trials because the prosecution is not responsible for prior statements made by agents acting or speaking for the government. Many courts have held, and most general sources agree, that in criminal cases the statements of government agents are not admissible over hearsay objections as party admissions. The defendant is therefore precluded from even informing the jury of helpful statements made by government agents. Dealing with admissions by government agents in this manner leaves the government free to change its position without repercussions and creates the risk of …