Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Computer Data And Reliability: A Call For Authentication Of Business Records Under The Federal Rules Of Evidence, Rudolph J.R. Peritz
Computer Data And Reliability: A Call For Authentication Of Business Records Under The Federal Rules Of Evidence, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
The Subversion Of The Hearsay Rule: The Residual Hearsay Exceptions, Circumstantial Guarantees Of Trustworthiness, And Grand Jury Testimony, Randolph N. Jonakait
The Subversion Of The Hearsay Rule: The Residual Hearsay Exceptions, Circumstantial Guarantees Of Trustworthiness, And Grand Jury Testimony, Randolph N. Jonakait
Articles & Chapters
Under the Federal Rules of Evidence, hearsay is generally prohibited, being admitted only when it falls within a limited class of specific hearsay exceptions. Two general hearsay exceptions were, however, engrafted onto the list of specific ones to allow the courts to confront new and unforseen hearsay problem Lower courts have interpreted these "residual" or "catchall" exceptions differently.
This Article analyzes judicial interpretations of the residual exceptions in cases considering the admissibility of grandjury testimony. The author initially discusses the traditional hearsay approach and reviews the legislative history of the residual exceptions. He then analyzes Fourth Circuit cases considering the …