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NCJ Number: 98492 Find in a Library
Title: Admissibility of Grand Jury Testimony Under 804(b)(5) - A Two-Test Proposal
Journal: Journal of Criminal Law and Criminology  Volume:74  Issue:4  Dated:(Winter 1983)  Pages:1446-1470
Author(s): P S Casey
Date Published: 1983
Page Count: 25
Format: Article
Language: English
Country: United States of America
Annotation: This paper proposes two tests to aid Federal judges in determining whether an unavailable witness' grand jury testimony is sufficiently reliable to admit under Rule 804(b)(5) of the Federal Rules of Evidence, which allows Federal judges to admit reliable nonexcepted hearsay as substantive evidence from unavailable hearsay declarants.
Abstract: The proposal's procedural test requires that the grand jury testimony conform to trial evidentiary rules. The proposal's corroborative test requires that there be sufficient independent evidence to support the truth of the grand jury testimony. The grand jury testimony must pass both tests before the judge can admit the testimony into evidence under 804(b)(5). It is argued that the procedural and corroborative tests would resolve the disagreement among the Federal courts about whether to admit grand jury testimony into trial under 804(b)(5). Moreover, the two tests are said to ensure that all grand jury testimony admitted under 804(b)(5) satisfies the U.S. Supreme Court's sixth amendment confrontation clause standards. Finally, the paper concludes that the procedural and corroborative tests would be easy to implement and are consistent with the legislative intent of Rule 804(b)(5). A total of 129 footnotes are provided.
Index Term(s): Grand juries; Hearsay evidence; Rules of evidence; Testimony
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