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
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