Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Lancey Howard
Yikes.. A dying declaration should be inadmissable, according to Scalia??

Let the court (and the jury) hear it. The prosecution can present it and the defense can impugn it.

Not the same - if you can't cross-examine the witness. What if he had a beef with the man he named as the perp ??? What if he was a proven liar ??? Can't do that without the opportunity to ask questions of the witness.

Other witnesses called to reput the declaration probably would not be able to enter it into testimony because it would be hearsay ...

53 posted on 02/28/2011 11:17:22 PM PST by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...</i><p>)
[ Post Reply | Private Reply | To 43 | View Replies ]


To: Lmo56

Right. Still hearsay.

Dying declaration: The jury heard it?


55 posted on 03/01/2011 12:10:14 AM PST by tdscpa
[ Post Reply | Private Reply | To 53 | View Replies ]

To: Lmo56
What if he had a beef with the man he named as the perp ??? What if he was a proven liar ??? Can't do that without the opportunity to ask questions of the witness. ...witnesses called to reput the declaration probably would not be able to enter it into testimony because it would be hearsay ...

Direct testimony relating to the character and reliability of a dead witness is "hearsay"?
Okay, then that's another mess for our filthy "justice" system to clean up.

56 posted on 03/01/2011 12:18:23 AM PST by Lancey Howard
[ Post Reply | Private Reply | To 53 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson