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Article
Avoiding Trial by Rumor: Identifying the Due Process Threshold for Hearsay Evidence After the Demise of the Ohio v. Roberts "Reliability" Standard
University of Missouri-Kansas City Law Review (2008)
  • Jules Epstein
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.

Keywords
  • Due Process,
  • Nontestimonial Hearsay,
  • Confrontation
Disciplines
Publication Date
2008
Citation Information
Jules Epstein. "Avoiding Trial by Rumor: Identifying the Due Process Threshold for Hearsay Evidence After the Demise of the Ohio v. Roberts "Reliability" Standard" University of Missouri-Kansas City Law Review Vol. 77 (2008)
Available at: http://works.bepress.com/jules_epstein/1/