Section 16.40 Child Hearsay Statutes and Other Nontraditional Statutory Exceptions

• Library: Evidence 2017

VII. (§16.40) Child Hearsay Statutes and Other Nontraditional Statutory Exceptions

Some cases inherently present difficult problems of proof that the traditional hearsay rules can only make worse. The legislature, as a matter of policy, has decided that in some instances—most prominently child abuse cases—the rules should simply be bent so that statements that would not pass muster under common-law rules will be admissible. In doing so, the legislature tried to build in enough safeguards that the party against whom the evidence is offered will have a fair chance to challenge the trustworthiness and reliability of the statement...