Business and Official Records : Do the Different Approaches Found in the CEC and FRE Tell the Whole Story? Avoiding the Hearsay Ban While on the Road to the Divide that Separates Civil and Criminal Evidence Rules
In: 2015; (2015)
Online
Elektronische Ressource
Zugriff:
This article discusses the differences between the California and Federal evidentiary provisions concerning business and official records. In addition, to analyzing whether the differences are significant, I address more general themes suggested by the conflicting approaches to hearsay taken by the two jurisdictions. The more hearsay friendly federal approach has ramifications in a number of contexts. I discuss the interplay of these two hearsay exceptions with other exceptions concerning the admission of multiple hearsay in civil cases, the effect of the testimonial approach to confrontation on these exceptions in criminal cases, and whether the divide between evidentiary rules and interpretation in civil and criminal cases has widened enough to warrant rejecting the unitary approach to evidence. In addition, the case-law revealed the ease with which police and other business records can be introduced not only in administrative settings, but also in federal courtrooms in sentencing, and at preliminary hearings. Moreover, in state court litigation involving the loss of liberty pursuant to the Sexually Violent Predators Act (SVPA), the only bar to police reports appears to be in the unlikely event they violate due process. Some statutory counterweights also exist, requiring admissible evidence in a few settings not governed by the Rules or Code. Ultimately, the typically ignored applicability provisions of the FRE and California Code appear to create both significant de facto hearsay exceptions as well as barriers to admitting hearsay
Titel: |
Business and Official Records : Do the Different Approaches Found in the CEC and FRE Tell the Whole Story? Avoiding the Hearsay Ban While on the Road to the Divide that Separates Civil and Criminal Evidence Rules
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Autor/in / Beteiligte Person: | Raeder, Myrna |
Quelle: | 2015; (2015) |
Veröffentlichung: | [S.l.]: SSRN, 2015 |
Medientyp: | Elektronische Ressource |
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