| Autor: |
SEWRATTAN, CHRISTOPHER |
| Předmět: |
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| Zdroj: |
Manitoba Law Journal; 2019, Vol. 42 Issue 4, p87-129, 43p |
| Abstrakt: |
The article examines the differences between the hearsay rule's historical rationale and current application. The analysis occurs on two levels. The hearsay jurisprudence is examined to determine if differences between its historical rationale and practical application are created by the doctrine itself. Practical considerations in the modern practice of criminal law are considered to determine if they create any differences. Section II explains in brief the hearsay rule's historical rationale. Section III considers the difference between the hearsay rule's historical rationale and the practical application of the exclusionary hearsay rule. The differences between the hearsay rule's historical rationale and practical application are described, and it is for the reader to determine whether each difference is positive or negative development. Positions are taken on instances where practical considerations in the modern practice of criminal law create a difference between the historical rationale and practical application of the hearsay rule. In such instances, there is neither a principled nor policy reason for the difference between the hearsay rule's historical rationale and its practical application. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Complementary Index |
| Externí odkaz: |
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