Abstract

http://ssrn.com/abstract=990987
 
 

Footnotes (148)



 


 



The History of Children's Hearsay: From Old Bailey to Post-Davis


Thomas D. Lyon


University of Southern California - Gould School of Law; University of Southern California - Department of Psychology

Raymond LaMagna


Irell & Manella LLP


Indiana Law Journal, Vol. 82, 2007
USC Law Legal Studies Paper No. 07-7

Abstract:     
The United States Supreme Court has recently held that in order to determine the application of the Confrontation Clause to hearsay, one should examine common practice in 18th century British courts. Analyzing 18th century treatises and trial reports, this paper demonstrates that children's hearsay statements alleging abuse were routinely admitted when children were too young to testify, and that R. vs. Brasier, an oft-cited 1779 case, did not change this practice. Rather, both the courts and commentators believed that a best evidence approach should be applied - children should testify whenever possible, but when they could not, their hearsay could be heard. The paper proposes an interpretation of the Confrontation Clause forfeiture by wrongdoing doctrine that captures both historical and contemporary intuitions about what is fair in criminal cases when child victims are too young to testify.

Number of Pages in PDF File: 31

Keywords: evidence, hearsay, children, confrontation, sexual abuse, rape

Accepted Paper Series





Download This Paper

Date posted: June 4, 2007  

Suggested Citation

Lyon, Thomas D. and LaMagna, Raymond, The History of Children's Hearsay: From Old Bailey to Post-Davis. Indiana Law Journal, Vol. 82, 2007; USC Law Legal Studies Paper No. 07-7. Available at SSRN: http://ssrn.com/abstract=990987

Contact Information

Thomas D. Lyon (Contact Author)
University of Southern California - Gould School of Law ( email )
699 Exposition Boulevard
Los Angeles, CA 90089
United States
213-740-0142 (Phone)
213-740-5502 (Fax)

University of Southern California - Department of Psychology ( email )
Los Angeles, CA 90089
United States
Raymond LaMagna
Irell & Manella LLP ( email )
1800 Avenue of the Stars
Los Angeles, CA 90067
United States
Feedback to SSRN


Paper statistics
Abstract Views: 666
Downloads: 105
Download Rank: 154,020
Footnotes:  148

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.344 seconds