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Full-Text Articles in Evidence
Evidence-Hearsay-Exclusion Of Self-Serving Declarations, John M. Price S.Ed.
Evidence-Hearsay-Exclusion Of Self-Serving Declarations, John M. Price S.Ed.
Michigan Law Review
One of the most venerable of all legal principles is the evidentiary rule excluding hearsay. This rule, which was first espoused by the English courts in the sixteenth century, arose when it became apparent that there was an inherent danger of untrustworthiness in a witness's uncorroborated recital of a prior declaration made outside the courtroom. The courts gave several reasons for regarding hearsay as untrustworthy. First, these statements, offered into evidence for the truth of the matter asserted, were not made under oath. Secondly, objection to such testimony was raised because the trier of fact had no opportunity to pass …
Evidence-Confessions-Admissiblity Of A Subsequent Confession Under The Mcnabb-Mallory Doctrine, Ira J. Jaffe S.Ed.
Evidence-Confessions-Admissiblity Of A Subsequent Confession Under The Mcnabb-Mallory Doctrine, Ira J. Jaffe S.Ed.
Michigan Law Review
Defendant was indicted for first degree murder and convicted of manslaughter in the Federal District Court for the District of Columbia. Defendant had willingly directed the police to the victim's body and voluntarily signed a written confession during a period of thirty-four hours detention prior to arraignment. At the arraignment defendant was informed of his rights and indicated that he was aware of them; in addition, the preliminary hearing was postponed in order to provide him opportunity to obtain counsel. Twenty hours after his arraignment the defendant once again voluntarily confessed while giving a police officer instructions as to the …