Open Access. Powered by Scholars. Published by Universities.®

Evidence Commons

Open Access. Powered by Scholars. Published by Universities.®

2017

Selected Works

Mark S. Brodin

Articles 1 - 1 of 1

Full-Text Articles in Evidence

The British Experience With Hearsay Reform: A Cautionary Tale, Mark S. Brodin May 2017

The British Experience With Hearsay Reform: A Cautionary Tale, Mark S. Brodin

Mark S. Brodin

Among the proposals being considered by the Advisory Committee on the Federal Rules of Evidence (“the Committee”) is the scrapping of the categorical exception regime for hearsay, leaving questions of reliability and admissibility ad hoc to district court judges along the lines of Federal Rules of Evidence (FRE) 403 and 807. Over the past decades, the British have moved toward this approach, and it is the purpose of this Article to identify the lessons that can be learned from that experience, especially with regard to criminal prosecutions and the right of confrontation.