Confronting Science: Expert Evidence and the Confrontation Clause
Autor: | David H. Kaye, Jennifer L. Mnookin |
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Rok vydání: | 2013 |
Předmět: | |
Zdroj: | The Supreme Court Review. 2012:99-159 |
ISSN: | 2158-2459 0081-9557 |
Popis: | ion may be puzzled at the missing chapters.”). 93 1 McCormick § 190 (cited in note 92). 94 In some situations, evidence that completes the story is not hearsay. This occurs when an out-of-court statement truly is introduced solely for its effect on the hearer. A police officer sued for an illegal arrest can defend by showing that the arrest came after learning from an apparently reliable source that a warrant for the plaintiff’s arrest was outstanding—even though the warrant had been quashed. Compare Arizona v Evans, 514 US 1 (1995) (declining to apply the exclusionary rule for unconstitutionally seized evidence in this situation). The probative value of the report of the outstanding warrant does not depend on its truth. True or false, the report establishes a good faith basis for the arrest. 95 471 US 409 (1985). 96 Crawford, 541 US 36, 59–60 n 9 (2004). 97 Williams, 132 S Ct at 2256–57 (Thomas concurring) (citations omitted). 98 261 P3d 984 (Mont 2011). |
Databáze: | OpenAIRE |
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