Title: Do Statements Against Interest Exist? A Critique of the Reliability of Federal Rule of Evidence 804(b)(3) and a Proposed Reformulation
Abstract: The general prohibition against hearsay testimony serves as one of our legal system’s most fundamental guarantees of truth. The cardinal flaw of hearsay evidence lies in our inability to assess the testimonial capacities of the declarant. While traditional courtroom mechanisms, such as the oath, the jury’s perception of witness demeanor, and cross-examination test the truth and accuracy of in-court statements, these safeguards are
Publication Year: 2003
Publication Date: 2003-12-31
Language: en
Type: article
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