Volume 8 (2010)
Volume 3 (2005)
Most Downloaded Articles
- Comparative Observations on the Burden of Proof for Criminal Defences by Ho, Hock Lai
- Scientific Evidence in Europe -- Admissibility, Evaluation and Equality of Arms by Champod, Christophe and Vuille, Joëlle
- The Narrative Fallacy by Menashe, Doron and Shamash, Mutal E
- From Liberal Extremity to Safe Mainstream? The Comparative Controversies of Witness Preparation in the United States by Vasiliev, Sergey V.
- The Fourth Amendment's Exclusionary Rule: Blurring the Line Between Rule and Exception by Heffernan, Liz
The Demise of Kearley - A Hearsay Problem Solved?
Citation Information: International Commentary on Evidence. Volume 2, Issue 2, Pages –, ISSN (Online) 1554-4567, DOI: 10.2202/1554-4567.1029, May 2005
- Published Online:
This short review article is one of several intended to assess a major new textbook, Criminal Evidence by Paul Roberts and Adrian Zuckerman. It focuses upon the chapter on hearsay and, in particular, the authors' treatment of the difficult and controversial topic of implied assertions. I discuss Roberts and Zuckerman's analysis of the (in)famous case of Kearley and subsequent statutory intervention, reaching the conclusion that their text is illuminating and thought-provoking. In my view, their balancing of the various arguments and willingness to proffer their own views contributes substantially to an informed discussion of the issues, although I attempt to illustrate that the solution they suggest to the problem of implied assertions might not be the last word on the subject. Overall, I conclude that Criminal Evidence is an excellent book, primarily because it succeeds in providing a thoughtful and principled overview of a morass of complicated case law and detailed statutory intervention.