Avoiding Trial by Rumor: Identifying the Due Process Threshold for Hearsay Evidence After the Demise of the Ohio v. Roberts 'Reliability' Standard
Widener University - School of Law
January 29, 2009
University of Missouri-Kansas City Law Review, Vol. 77, 2008
Widener Law School Legal Studies Research Paper No. 08-51
This Article responds to the dictum in Whorton v. Bockting that "the Confrontation Clause has no application to [nontestimonial hearsay statements] and therefore permits their admission even if they lack indicia of reliability." The Article proposes that there remains a Due Process threshold for hearsay exceptions in criminal cases, one that mandates proof of first hand knowledge and a named declarant; and "non-deferential judicial scrutiny" for legislative enactments of new hearsay exceptions.
Number of Pages in PDF File: 42
Keywords: hearsay, evidence, confrontation clause, reliability standard
JEL Classification: K14, K41Accepted Paper Series
Date posted: May 12, 2008 ; Last revised: January 30, 2009
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