NCJ Number
114581
Journal
Criminal Law Bulletin Volume: 24 Issue: 6 Dated: (November-December 1988) Pages: 530-539
Date Published
1988
Length
10 pages
Annotation
Rules 803(24) and 804(b)(5) of the Federal Rules of Evidence permit the introduction of certain hearsay statements and represent a significant departure from and improvement on common law.
Abstract
At common law, a hearsay statement that does not meet the requirements of a delineated hearsay exception is admissible. No general provision exists for the admissibility of a reliable and necessary hearsay statement that falls outside all the specifically recognized exceptions. However, Rules 803(24) and (804(b)(5) permit the introduction of hearsay statements that possess circumstantial guarantees of trustworthiness equivalent to those present in the case of the specifically enumerated classes of exceptions. Rule 803(24) makes a statement admissible if, in addition, the court determines that it is offered as evidence of a material fact, that it is more probative on the point than any other evidence obtainable through reasonable efforts, and that its admission will serve the general purposes of the Rules and the interests of justice. The additional requirement of Rule 804(b)(5) is that the declarant be unavailable. These exceptions make it unnecessary for courts to distort the definition of hearsay to permit the introduction of a reliable and necessary hearsay statement. However, the exceptions are not intended to operate to destroy the hearsay rule, because the court must determine that all five requirements of the exceptions are met before the statement is admitted. 22 footnotes.