CO-CONSPIRATOR'S EXCEPTION TO THE HEARSAY RULE PROCEDURAL IMPLEMENTATION AND CONFRONTATION CLAUSE REQUIREMENTS

• NCJ Number: 3492
• Journal: JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 63 Issue: 1 Dated: (MARCH 1972) Pages: 1-22
• Author(s): N M GARLAND; D E SNOW
• Date Published: Unknown
• Length: 22 pages
• Corporate Author: Williams and Wilkins Co
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF FEDERAL AND STATE CASES, STATUTES, AND EVIDENCE RULES ON THE CO-CONSPIRATOR'S EXCEPTION TO THE HEARSAY RULE.

Abstract

THE CO-CONSPIRATOR'S EXCEPTION ALLOWS A CONSPIRATOR HEARSAY RULE AND THE SIXTH AMENDMENT RIGHT TO OR ACTS PERFORMED IN FURTHERANCE OF A CONSPIRACY AND DURING ITS PENDENCY, PROVIDED THERE EXISTS INDEPENDENT PROOF TO ESTABLISH THE CONSPIRACY. ISSUES RELATED TO THE INDEPENDENT PROOF REQUIREMENT ARE EXPLORED, INCLUDING THE CRITICAL TOPIC OF WHETHER THE JUDGE OR THE JURY SHALL MAKE THE FINDING OF INDEPENDENT PROOF. THE VALIDITY AND PROSPECTIVE VITALITY OF THE EXCEPTION IS CONSIDERED IN LIGHT OF RECENT SUPREME COURT DECISIONS INVOLVING THE HEARSAY RULE AND THE SIXTH AMENDMENT RIGHT TO CONFRONTATION.