The Problem of the Intimidated Witness: The Need to Shore Up the Nance Doctrine Regarding the Admission of Prior Statements
University of Baltimore Law Forum, Vol. 30, No. 1, 1999
11 Pages Posted: 18 Jul 2008
Date Written: 1999
Maryland's courts must not lose sight of the policy determinations faced squarely in Nance. Shoring up the Nance doctrine, by rejecting the distinction drawn by the court of special appeals in Corbett and retreating from the position taken in Tyler, is imperative. So, too, is an open mind to the appropriate use of Maryland Rule 5-804(b)(5)'s residual hearsay exception and the possible adoption of a rule like new Federal Rule of Evidence 804(b)(5) regarding wrongdoing that procures the unavailability of a witness. The problem of the recanting, intimidated witness will not go away; it threatens Maryland's criminal justice system and must be forcefully addressed.
Keywords: evidence, hearsay, witness intimidation, procuring, unavailability, Nance, Corbett, Tyler, Maryland
JEL Classification: K14, K41
Suggested Citation: Suggested Citation