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Avoiding Trial by Rumor: Identifying the Due Process Threshold for Hearsay Evidence After the Demise of the Ohio v. Roberts 'Reliability' Standard


Jules Epstein


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

Abstract:     
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, K41

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Date posted: May 12, 2008 ; Last revised: January 30, 2009

Suggested Citation

Epstein, Jules, Avoiding Trial by Rumor: Identifying the Due Process Threshold for Hearsay Evidence After the Demise of the Ohio v. Roberts 'Reliability' Standard (January 29, 2009). University of Missouri-Kansas City Law Review, Vol. 77, 2008; Widener Law School Legal Studies Research Paper No. 08-51. Available at SSRN: http://ssrn.com/abstract=1129867

Contact Information

Jules Epstein (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
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