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Full-Text Articles in Law
Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin
Applying Crawford's Confrontation Right In A Digital Age, Jeffrey Bellin
Faculty Publications
No abstract provided.
Facebook, Twitter, And The Uncertain Future Of Present Sense Impressions, Jeffrey Bellin
Facebook, Twitter, And The Uncertain Future Of Present Sense Impressions, Jeffrey Bellin
Faculty Publications
The intricate legal framework governing the admission of out-of-court statements in American trials is premised on increasingly outdated communication norms. Nowhere is this more apparent than with the hearsay exception for “present sense impressions.” Changing communication practices typified by interactions on social media websites like Facebook and Twitter herald the arrival of a previously uncontemplated—and uniquely unreliable—breed of present sense impressions. This Article contends that the indiscriminate admission of these electronic present sense impressions (e-PSIs) is both normatively undesirable and inconsistent with the traditional rationale for the present sense impression exception. It proposes a reform to the exception that would …