EVIDENCE - ADMISSIBILITY OF DECLARATIONS AGAINST PENAL INTEREST - COMMONWEALTH V HACKETT, 225 PA. SUPER. 22, 307 A.2D 334 (1973)

• NCJ Number: 16652
• Journal: Dickinson Law Review Volume: 79 Issue: 1 Dated: (FALL 1974) Pages: 189-196
• Author(s): M I LEVIN
• Date Published: 1974
• Length: 8 pages
• Corporate Author: Dickinson School of Law
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IN THIS CASE, THE COURT HELD THAT THE EXCLUSION OF A THIRD PARTY'S CONFESSION TO THE CRIME WITH WHICH THE DEFENDANT WAS CHARGED WAS A DENIAL OF THE DEFENDANT'S DUE PROCESS RIGHTS.

Abstract

THIS DECISION WAS BASED ON THE COURT'S RELIANCE ON THE DECLARATION AGAINST PENAL INTEREST EXCEPTION TO THE HEARSAY RULE, HERETOFORE NOT RECOGNIZED IN PENNSYLVANIA EVIDENTIARY LAW. THIS COMMENT EXAMINES THE HISTORICAL COURSE OF THE LAW OF HEARSAY AND THE DECLARATION AGAINST INTEREST EXCEPTION, CITING PERTINENT CASE LAW. THE AUTHOR CONCLUDES THAT HACKETT REPRESENTS A CONTINUING RECOGNITION BY THE PENNSYLVANIA JUDICIARY OF AN ENLARGING CONCEPT OF DUE PROCESS AS IT RELATES TO THE ADMISSIBILITY OF CERTAIN TYPES OF EVIDENCE AND AUGMENTS THE ARGUMENTATIVE STRENGTH OF ESTABLISHED ARGUMENTS FOR ADMITTING DECLARATIONS AGAINST PENAL INTEREST BY A CONSTITUTIONAL GUARANTEE OF DEFENDANT DUE PROCESS.