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re: Darius Miles
Posted on 4/2/24 at 9:19 am to BFANLC
Posted on 4/2/24 at 9:19 am to BFANLC
quote:
You have the right to confront your accuser. Is that correct?
Yes. And both Miles and Davis got the opportunity to exercise that right when their attorneys were able to question this guy under oath. That's why the transcript of his testimony is considered an exception to the rule against hearsay. The purpose of excluding hearsay from evidence is that it is inherently unreliable because there is no opportunity to question the person who made the statement. The exceptions cover situations where there is no legitimate concern as to the accuracy of the out of court statements, like a preliminary hearing where the witness was under oath and subjected to cross examination.
quote:
What's to keep the prosecution from having someone make a statement then disappear?
Centuries of well settled law? That scenario doesn't even come close to a hearsay exception and there is absolutely no way that statement comes in.
1
Posted on 4/2/24 at 9:30 am to Robot Santa
quote:
Centuries of well settled law? That scenario doesn't even come close to a hearsay exception and there is absolutely no way that statement comes in.
My reply was concerning the statement about making witnesses disappear by the defense. If that is a worry it should definitely work both ways. The exception allows the prosecution a freedom that the defendant won't get. You should always be allowed to question your accuser. Since they cross examined him once they now no longer have that right? Hell let's just assume that everything is above board and concrete. No reason to even question his testimony now. They already did.
State sovereignty into the discussion about double jeopardy is irrelevant. Double jeopardy is double jeopardy. If yall think the state government doesn't have laws that cross the double jeopardy line then you haven't been in the real world.
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