Expanding (or Just Fixing) the Residual Exception to the Hearsay Rule

The Judicial Conference Advisory Committee on Evidence Rules (“the Committee”) has been considering whether to amend Federal Rule of Evidence 807 (known as the residual exception to the hearsay rule) to improve the way the Rule functions—and also to allow the admission of more hearsay if it is reliable. At the conference sponsored by the Committee in October, 2016—transcribed in this Fordham Law Review issue—the Committee submitted a working draft of an amendment that was vetted by the experts at the conference and reviewed favorably by most. This Article analyzes the arguments in favor of and against the reform of the residual exception and will set forth and explain the Advisory Committee’s approach to a possible amendment

Balancing Hearsay and Criminal Discovery

and prosecutors. Part I of this Article argues that the conventional theory of hearsaydiscovery balance does not reflect the reality of modem federal practice. An imbalance has arisen because, in the last quarter century, developments in the law of evidence and confrontation are at odds with developments-or one might say nondevelopments-in the law of criminal discovery. Since enactment of the Federal Rules of Evidence in 1975, both the law of evidence and modem Confrontation Clause doctrine have evolved toward broader admission of hearsay in criminal cases. Contrary to conventional theory, that evolution has at least matched-and probably has outpaced-the trend toward more liberal admission of hearsay in civil cases. But while federal courts criminal cases, the rules of criminal discovery show no sign of adapting to that reality. As a result, in comparison to other litigants, federal criminal defendants now face a litigation environment that features both minimum discovery and maximum admissible hearsay. Part II offers some proposals to address that imbalance by expanding a defendant\u27s right to learn in advance what hearsay he must face, and his right to gather ammunition to contest that hearsay. Where appropriate, I have included proposals that would require the amendment of existing rules. But recognizing the practical difficulties facing any rule-making initiative, my principal focus is to suggest more effective means of applying Rule 16, the Jencks Act, and the Brady doctrine-the major discovery tools presently available to criminal defendants-to the task of contesting prosecution hearsay. This Article is not a critique of developments in the law of evidence, nor of the Court\u27s application of the Confrontation Clause to hearsay. It is not an argument that more, or less, hearsay should be admitted in criminal cases. Instead, it takes as a starting point the undeniable reality that, for good or ill, today\u27s federal criminal trials include a wider variety of admissible hearsay than ever before. My aim is to show how the process of criminal discovery can and should adapt to that reality to correct the hearsay-discovery balance when the government relies on hearsay

Evidence: Admission of Mathematical Probability Statistics Held Erroneous for Want of Demonstration of Validity

In State v. Sneed the New Mexico Supreme Court limited its disapproval of evidence of probability statistics to the particular facts presented but failed to articulate specific safeguards for subsequent use of such evidence. This note explores the nature of probability statistics, their potential utility in a legal context, and criteria by which their admissibility might be determined

Extension-based Semantics of Abstract Dialectical Frameworks

One of the most prominent tools for abstract argumentation is the Dung's framework, AF for short. It is accompanied by a variety of semantics including grounded, complete, preferred and stable. Although powerful, AFs have their shortcomings, which led to development of numerous enrichments. Among the most general ones are the abstract dialectical frameworks, also known as the ADFs. They make use of the so-called acceptance conditions to represent arbitrary relations. This level of abstraction brings not only new challenges, but also requires addressing existing problems in the field. One of the most controversial issues, recognized not only in argumentation, concerns the support cycles. In this paper we introduce a new method to ensure acyclicity of the chosen arguments and present a family of extension-based semantics built on it. We also continue our research on the semantics that permit cycles and fill in the gaps from the previous works. Moreover, we provide ADF versions of the properties known from the Dung setting. Finally, we also introduce a classification of the developed sub-semantics and relate them to the existing labeling-based approaches.Comment: To appear in the Proceedings of the 15th International Workshop on Non-Monotonic Reasoning (NMR 2014