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Avoiding Trial by Rumor: Identifying the Due Process Threshold for the Hearsay Evidence after the Demise of the Ohio v. Roberts Reliability Standard
Esptein, Jules
Esptein, Jules
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Journal article
Date
2008
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http://dx.doi.org/10.34944/dspace/6720
Abstract
This Article responds to the dictum in Whorton v. Bockting that "the Confrontation Clause has no application to [nontestimonial hearsay statements] and therefore permits their admission even if they lack indicia of reliability." The Article proposes that there remains a Due Process threshold for hearsay exceptions in criminal cases, one that mandates proof of first hand knowledge and a named declarant; and "non-deferential judicial scrutiny" for legislative enactments of new hearsay exceptions.
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Jules Epstein, Avoiding Trial by Rumor: Identifying the Due Process Threshold for the Hearsay Evidence after the Demise of the Ohio v. Roberts Reliability Standard, 77 UMKC L. Rev. 119 (2008).
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University of Missouri-Kansas City School of Law
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UKMC Law Review, Vol. 77, Iss. 1
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