Reality Check: A Modest Modification to Rationalize Rule 803 Hearsay Exceptions

The Federal Rules of Evidence (or “the Rules”) identify hearsay that is admissible, notwithstanding the classic hearsay prohibition, by delineating categories of hearsay statements that may be admitted into evidence. For example, “dying declarations” of now-unavailable declarants may be admitted in homicide prosecutions or civil cases. “Excited utterances” relating to a startling event also may be admitted for their truth. The purported justification for admitting certain categories of hearsay rests upon the inherent reliability of human statements uttered in certain contexts, as well as litigants’ need for crucial evidence to build cases

Reality Check: A Modest Modification to Rationalize Rule 803 Hearsay Exceptions

The Federal Rules of Evidence (or “the Rules”) identify hearsay that is admissible, notwithstanding the classic hearsay prohibition, by delineating categories of hearsay statements that may be admitted into evidence. For example, “dying declarations” of now-unavailable declarants may be admitted in homicide prosecutions or civil cases. “Excited utterances” relating to a startling event also may be admitted for their truth. The purported justification for admitting certain categories of hearsay rests upon the inherent reliability of human statements uttered in certain contexts, as well as litigants’ need for crucial evidence to build cases

BUKTI ELEKTRONIK SEBAGAI ALAT BUKTI YANG SAH DALAM HUKUM ACARA PIDANA

The Criminal Procedure Code as a general criminal procedure does not recognize electronic evidence as one of the admissible types of evidence. In practice, electronic evidence is also used as an admissible evidence to prove the criminal offenses in court. From the results of the discussion it can be concluded that electronic evidence in criminal procedure law is a dependent evidence and an independent evidence (substitution of letter proof if it meets the principle of functional equivalent approach and expansion of evidence) as specified in several special laws and instruments issued by the Supreme Court. The electronic evidence is not regulated in the Criminal Procedure Code as a lex generalis, however, to achieve material truth it can also be used as a valid evidence for the provision of all types of criminal offenses in court. It is based on recognition in the practice of criminal justice, some special laws, and instruments issued by the Supreme Court.Keywords: electronic evidence, admissible evidence, criminal procedure code, proo

Hearsay Evidence

Hearsay evidence is the submission of evidence by a person based on what s/he has heard from another person who has not appeared in court.  This article examines the extent to which hearsay evidence is admissible in common law and civil law.  The core theme addressed in this article is whether hearsay evidence should be admissible in Ethiopia. Comparative study is used in analyzing the experience under common law and civil law.  Ethiopia’s Constitution, Criminal Justice Policy, the laws on civil and criminal procedure, and other laws are explored. Moreover, reference is made to court decisions. The article analyzes the two perspectives that are forwarded in response to the issue whether hearsay evidence should be admissible in Ethiopia.  Article 20(4) of the Ethiopian Constitution guarantees the right of defendants (in criminal cases) to confront evidence submitted against them, and the Criminal Justice Policy embodies a similar stipulation. The author argues that hearsay evidence should not, in principle, be admissible, and its admissibility should only be allowed under the exceptions that ought to be expressly stated in the law.Article text is in Amhari

Time to wind up Hollington v Hewthorn?

Explains how evidence, which would otherwise be inadmissible under either the hearsay rule or the rule in Hollington v F Hewthorn & Co Ltd, may be admissible in winding-up proceedings or directors disqualification proceedings under either the Civil Evidence Act 1995 s.1 or an implied exception to the rules. Comments on the Court of Appeal ruling in Secretary of State for Business Enterprise and Regulatory Reform v Aaron on the admissibility in directors disqualification proceedings of a Financial Services Authority report and Financial Ombudsman Service decisions