All Articles tagged hearsay

• New York Appeals
  March 24, 2021 EDT
  NEW YORK’S EXCITED UTTERANCE HEARSAY EXCEPTION: AVE ATQUE AND VALE?
  Michael J. Hutter

  This article tracks New York's excited utterance hearsay exception and ultimately concludes that the case to abolish the exception has not been made.

• General
  June 09, 2017 EDT
  LETTING SLEEPING DOGMAS LIE: A RESPONSE TO JUDGE POSNER’S CALL TO REFORM THE RES GESTAE EXCEPTIONS TO THE RULE AGAINST HEARSAY
  Mara D. Afzali

  Reliability concerns warrant renewed examination of the “excited utterance” exception and consideration of possible alternative approaches or modifications.

• New York Appeals
  February 13, 2015 EDT
  THAT’S (NOT) WHAT SHE SAID: THE CASE FOR EXPANDING ADMISSION OF PRIOR INCONSISTENT STATEMENTS IN NEW YORK CRIMINAL TRIALS
  Steven V. DeBraccio

  The critical question in this article is the comparison of the New York and federal approaches to admitting prior inconsistent statements in criminal cases and ultimately, which is the approach...

• Justice Commentaries
  June 11, 2013 EDT
  HOW THE PROMPT OUTCRY RULE PROTECTS THE GUILTY
  Robert S. Smith

  This article argues that the rule excluding prior consistent statements, and particularly the narrowness of the prompt outcry exception protects the guilty more than the innocent.

• Justice Commentaries
  June 11, 2013 EDT
  TAKING CONFRONTATION SERIOUSLY: DOES CRAWFORD MEAN THAT CONFESSIONS MUST BE CROSS-EXAMINED?
  Mark A. Summers

  This article focuses on the applicability of the Supreme Court‘s decision in Crawford v. Washington to one subcategory of party admissions--defendants‘ confessions--taken by police officers in the course of interrogations.

• Justice Commentaries
  June 11, 2013 EDT
  CRYING OUT FOR CHANGE: A CALL FOR A NEW CHILD ABUSE HEARSAY EXCEPTION IN NEW YORK STATE
  Christopher T. Fell

  This article proposes a change to the New York State law concerning outcries of abused children.

• New York Appeals
  March 03, 2012 EDT
  THE ADMISSIBILITY OF EXPERT OPINION AND THE BASES OF EXPERT OPINION IN SEX OFFENDER CIVIL MANAGEMENT TRIALS IN NEW YORK
  Colleen D. Duffy

  This article addresses NY‘s Sex Offender Management and Treatment Act and the role expert opinion plays in the trial of such cases.