NCJ Number
107189
Journal
Baylor Law Review Volume: 38 Issue: 3 Dated: (Fall 1986) Pages: 775-916
Date Published
1986
Length
42 pages
Annotation
This article provides information on hearsay issues arising in litigation involving children, with particular attention to the need to protect child abuse victim-witnessses.
Abstract
Section 1 defines hearsay and describes the type of out-of-court statements that are not hearsay, including nonassertive verbal utterances, drawings, and nonverbal conduct. The admissibility of certain out-of-court assertions when offered to prove something other than the matter asserted also is reviewed. Section 2 considers the right of the defendant to confront accusatory witnesses and its relationship to hearsay evidence. Grounds for establishing the unavailability of a witness (e.g., death, mental disability, psychological unavailability) also are reviewed. Finally, Section 3 examines hearsay exceptions applicable to cases involving children. These include present sense impression, excited utterance, complaint of rape, existing mental/emotional or physical conditions, statements for purposes of medical diagnosis or treatment, the residual exceptions, and the child victim hearsay exception. 555 footnotes.