Authentication and Hearsay: Which Trumps?

Authors

Stephen A. Saltzburg, George Washington University Law SchoolFollow

Document Type

Article

Publication Date

2015

Status

Accepted

Abstract

This article addresses the relationship between two federal rules of evidence: Rules 104(a) and 104(b) and which standards a trial judge should apply in admitting hearsay evidence when its authentication is in question. Focusing on United States v. Harvey, 117 F.3d 1044 (7th Circ. 1997) and a simple hypothetical, the article concludes that evidence must be authenticated under Rule 104(b) as well as satisfying the hearsay rule and Rule 104(a).

GW Paper Series

GWU Law School Public Law Research Paper No. 2015-29; GWU Legal Studies Research Paper No. 2015-29

SSRN Link

http://ssrn.com/abstract=2641141

Recommended Citation

Saltzburg, Stephen A., Authentication and Hearsay: Which Trumps? (2015). 30 Crim. Just. (2015). ; GWU Law School Public Law Research Paper No. 2015-29; GWU Legal Studies Research Paper No. 2015-29. Available at SSRN: http://ssrn.com/abstract=2641141