JUVENILE WAIVER HEARINGS AND THE HEARSAY RULE - THE NEED FOR RELIABLE EVIDENCE AT THE CRITICAL STAGE

• NCJ Number: 58913
• Journal: Valparaiso University Law Review Volume: 12 Issue: 2 Dated: (WINTER 1978) Pages: 397-427
• Author(s): ANON
• Date Published: 1978
• Length: 31 pages
• Corporate Author: Valparaiso University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE PRACTICE OF ADMITTING HEARSAY EVIDENCE (TESTIMONY BY POLICE AND WRITTEN SOCIAL REPORTS) AT HEARINGS HELD TO DETERMINE WHETHER JUVENILES SHOULD BE TRIED IN ADULT COURT IS EXAMINED CRITICALLY.

Abstract

HEARSAY IS EVIDENCE OF A STATEMENT, OTHER THAN AN IN-COURT ASSERTION OF A WITNESS, THAT IS OFFERED TO PROVE THE TRUTH OF FACTS ASSERTED. THE COURTS LONG HAVE RECOGNIZED THE POTENTIAL UNRELIABILITY OF HEARSAY EVIDENCE AND HAVE REFUSED TO CONSIDER IT IN REACHING JUDICIAL DECISIONS. THIS TRADITION IS EMBODIED IN THE HEARSAY RULE, WHICH REQUIRES THAT ALL EVIDENCE BE SUBJECT TO THREE CONDITIONS (OATH, PERSONAL PRESENCE, AND CROSS-EXAMINATION), UNDER WHICH EVIDENCE CAN BEST BE EXAMINED FOR POTENTIAL ERROR, BIAS, AND MISCONCEPTION. THIS RULE GENERALLY IS NOT OBSERVED IN JUVENILE WAIVER HEARINGS, WHERE POLICE OFFICERS ARE PERMITTED TO TESTIFY REGARDING THEIR INVESTIGATIONS OF ALLEGED CRIMES, AND WHERE WRITTEN REPORTS DETAILING JUVENILES' SOCIAL HISTORY AND PSYCHOLOGICAL CONDITION ARE ADMITTED AS EVIDENCE. IT IS UNLIKELY THAT THE PRACTICE OF ADMITTING HEARSAY EVIDENCE AT WAIVER HEARINGS FURTHERS THE GOALS OF THE JUVENILE JUSTICE SYSTEM. IT IS CERTAIN, HOWEVER, THAT THE PRACTICE ENCOURAGES RELIANCE ON POTENTIALLY UNRELIABLE AND INACCURATE EVIDENCE IN THE WAIVER DECISION, A SITUATION DETRIMENTAL BOTH TO THE JUVENILES INVOLVED AND TO THE COMMUNITY. HEARSAY TESTIMONY BY POLICE OFFICERS IN WAIVER HEARINGS SHOULD BE PROHIBITED AND REPLACED BY SWORN, CROSS-EXAMINED TESTIMONY OF THE VICTIMS AND EYEWITNESSES WHO WERE INVOLVED IN THE ALLEGED OFFENSE. REQUIRING ALL AUTHORS AND INTERVIEWEES REPRESENTED IN SOCIAL REPORTS TO BE PRESENT AT WAIVER HEARINGS WOULD NOT BE PRACTICAL. THEREFORE, HEARING JUDGES SHOULD CONTINUE TO REVIEW WRITTEN SOCIAL REPORTS, BUT JUVENILES SHOULD BE ALLOWED TO SUBPOENA ALL PERSONS WHOSE TESTIMONY THEY DEEM NECESSARY TO AN ACCURATE UNDERSTANDING OF THE REPORTS. (LKM)