The Strange Glitch in the Rhode Island Rules of Evidence

Abstract

Although hearsay is generally inadmissible, the law of evidence has long recognized an exception for statements made by a witness who identifies a suspect at a lineup. This article discusses the reason for that exception, and examines a bizarre drafting error in the version of that rule in the Rhode Island Rules of Evidence, which explains why cautious police officers in that state have an unusual reason to make sure they have a mirror on hand at every line-up.

Keywords: evidence, hearsay, lineups, identification

JEL Classification: K10, K14, K00, K19, K20, K39, K40, K42, K49, Z00, I00