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Theorizing Corroboration, Maggie Wittlin
Theorizing Corroboration, Maggie Wittlin
Faculty Scholarship
A child makes an out-of-court statement accusing an adult of abuse. That statement is important proof, but it also presents serious reliability concerns. When deciding whether it is sufficiently reliable to be admitted, should a court consider whether the child’s statement is corroborated—whether, for example, there is medical evidence of abuse? More broadly, should courts consider corroboration when deciding whether evidence is reliable enough to be admitted at trial? Judges, rule-makers, and scholars have taken significantly divergent approaches to this question and come to different conclusions.
This Article argues that there is a key problem with using corroboration to evaluate …
The Case For Ehearsay, Jeffrey Bellin
Memorandum: Hearsay Exception For Electronic Communications Of Recent Perception, Daniel J. Capra
Memorandum: Hearsay Exception For Electronic Communications Of Recent Perception, Daniel J. Capra
Fordham Law Review
No abstract provided.
Res Gestae, The Present Sense Impression Exception And Extrinsic Corroboration Under Federal Rules Of Evidence 803(1) And Its State Counterparts, William Gorman Passannante
Res Gestae, The Present Sense Impression Exception And Extrinsic Corroboration Under Federal Rules Of Evidence 803(1) And Its State Counterparts, William Gorman Passannante
Fordham Urban Law Journal
This Note presents an overview of the hearsay rule and its general historical development, as well as background on the history of the res gestae doctrine to provide a clearer understanding of the Federal Rules discussed. It examines the current analysis of the three Rule 803 hearsay exceptions, and compares the requirements of external corroboration of hearsay statements under each of Rules 803(1), (2) and (3) to illustrate some inconsistencies in the application of these rules. The author concludes that it is essential that a concise and historically consistent method of applying the present sense impression exception be used, and …