Tuesday, March 17, 2015

Harvard lawprof Noah Feldman says Robert Durst's confession is not admissible.

What we have is video of Durst, alone and looking into a mirror and saying "What the hell did I do? Killed them all, of course." Feldman says he's "going deeply into the law" and "the circumstances of the statement" and encountering a "profound question about fantasy versus reality, the nature of a soliloquy, and the fascinating human strangeness unleashed by the era of reality television." All of that creates opportunities for presenting other evidence and making arguments about the meaning and weight of the words spoken by Durst, but it's not hearsay, because statements of a party offered by an opposing party are defined by the rules of evidence as not hearsay. [ADDED: Under some states' evidence rules, the statement of a party is hearsay but would fall within an exception to the rule against hearsay.] So what is Feldman's argument?
Click for more �

No comments:

Post a Comment