Quick Review of the Federal Rules (From The Litigation Manual, P 630-639, 1989, John G Koeltl, ed. -- See NCJ-117323)

• NCJ Number: 117349
• Author(s): J W McElhaney
• Date Published: 1989
• Length: 10 pages
• Sale Source: American Bar Assoc
• Publication Type: Training (Handbook/Manual)
• Language: English
• Country: United States of America

Annotation

This critique of the Federal rules of evidence focuses on the hearsay definition, privileges, other crimes or wrongs, subsequent remedial measures, business and public records, prior convictions, learned treatises, no privity admissions, and two identical hearsay exceptions.

Abstract

The author criticizes the rule that defines hearsay for also encompassing major exceptions to the hearsay rule, which makes the rule needlessly complex. Specific rules for privileges have been dropped and replaced by a general provision. This has left a gap in this area. One rule states that evidence of other crimes is not admissible to prove guilt under the charge at issue. The Federal rule in this area has not addressed prosecutorial efforts to circumvent this rule. The rule excluding evidence of subsequent remedial measures as a sign of admitted liability fails to address some of the complexities of this issue, and the rule governing the admissibility of business and public records has overlaps between the exceptions for the two kinds of records. The rule on prior convictions as a basis for impeaching witnesses is not clear nor comprehensive regarding how this rule applies to the testimony of defendants. Regarding 'privity admissions,' the rules fail to encompass this as an exception to the hearsay rule.