Abstract

http://ssrn.com/abstract=2337591
 


 



No Explanation Required?: A Reply to Jeffrey Bellin's eHearsay


Colin Miller


University of South Carolina School of Law

October 8, 2013

Minnesota Law Review Headnotes, 2013

Abstract:     
You see why I tell you I ain’t want to be no damn juror. Some dude just come by my house and tell me he going pay me money to say not guilty. Now I don’t know what to do, because if I tell the judge they’re going to know it’s me.

I know, right. Now I scared because I don’t want them to do anything to me or [my daughter][. . .] * * *

The above were text messages sent by a juror to her sister after Ikim Blackett allegedly threatened and then tried to bribe her in an attempt to convince her to find one of several defendants “not guilty” of various drug crimes. At Blackett’s ensuing trial for jury bribery, the juror testified that, while she was on her front porch, Blackett approached her and mentioned the word “nitroglycerin.” The juror then “asked Blackett what ‘nitroglycerin’ meant and he responded ‘not guilty.’” When this threat fell on deaf ears, Blackett offered the juror $1,500 in exchange for her vote. After again declining, the juror went to her bedroom and sent the above text messages.

Should the text messages have been admissible because the juror took the witness stand and testified at trial? If the juror were “unavailable” at trial, should the text messages have been admissible? According to Professor Jeffrey Bellin’s article, eHearsay, the answer to both questions is “yes” as he crafts hearsay rules that cover both situations. This paper agrees with Professor Bellin on the first question but disagrees with him on the second.

Number of Pages in PDF File: 40

Keywords: Hearsay, Electronic Evidence

JEL Classification: K10, K19

Accepted Paper Series


Download This Paper

Date posted: October 9, 2013  

Suggested Citation

Miller, Colin, No Explanation Required?: A Reply to Jeffrey Bellin's eHearsay (October 8, 2013). Minnesota Law Review Headnotes, 2013. Available at SSRN: http://ssrn.com/abstract=2337591

Contact Information

Colin Miller (Contact Author)
University of South Carolina School of Law ( email )
Main & Greene Streets
Columbia, SC 29208
United States
Feedback to SSRN


Paper statistics
Abstract Views: 268
Downloads: 33

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.265 seconds