Skip to main content
LIRA@BC Law

Abstract

Among the proposals being considered by the Advisory Committee on the Federal Rules of Evidence (“the Committee”) is the scrapping of the categorical exception regime for hearsay, leaving questions of reliability and admissibility ad hoc to district court judges along the lines of Federal Rules of Evidence (FRE) 403 and 807. Over the past decades, the British have moved toward this approach, and it is the purpose of this Article to identify the lessons that can be learned from that experience, especially with regard to criminal prosecutions and the right of confrontation.

Files

File nameDate UploadedVisibilityFile size
brodin_hearsay_A1b.pdf
6 Sep 2022
Public
204 kB

Metrics

Metadata

  • Subject
    • Criminal Law

    • Criminal Procedure

    • Evidence

  • Journal title
    • Fordham Law Review

  • Volume
    • 84

  • Issue
    • 4

  • Pagination
    • 1417-1427

  • Date submitted

    6 September 2022