Hearsay and the Right of Confrontation in American Trials by Jury
Taylor, David H.
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This Article discusses the origin and history of the hearsay doctrine, including the goals it seeks to achieve and the many exceptions to the rule against hearsay. It then discusses that when exceptions to hearsay are offered into evidence against the accused in a criminal prosecution, a conflict exists with the Sixth Amendment right of confrontation. Finally, the two very different approaches the Supreme Court decisions has taken in defining the relationship between hearsay doctrine and the right of confrontation, and how hearsay exceptions are presently reconciled with the Confrontation Clause, are discussed.