Boston College Law School Digital Commons @ Boston College Law School Boston College Law School Faculty Papers January 1995 The Establishment of a Rule Against Hearsay in Romano-Canonical Procedure Frank R. Herrmann Boston College Law School,
[email protected] Follow this and additional works at: https://lawdigitalcommons.bc.edu/lsfp Part of the Criminal Law Commons, Criminal Procedure Commons, and the Evidence Commons Recommended Citation Frank R. Herrmann. "The Establishment of a Rule Against Hearsay in Romano-Canonical Procedure." Virginia Journal of International Law 36, (1995): 1-51. This Article is brought to you for free and open access by Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law School Faculty Papers by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. The Establishment of a Rule Against Hearsay in Romano Canonical Procedure FRANK R. HERRMANN, S.J.::: I. INTRODUcrIONl Anglo-American evaluations of the hearsay rule manifest a cer tain schizophrenia. On the one hand, hearsay is praised as the "greatest contribution" of Anglo-American law to the world's jurisprudence? According to proponents of the rule, the hearsay bar provides a salutary mechanism to judges who are distrustful of the abilities and fairness of the jury.3 By barring hearsay. the judge, as gatekeeper of the evidence, can prevent the jury. an "untrained tribunal,"4 from overestimating the value of hearsay statements that may be unreliable.s * Assistant Professor of Law, Boston College Law School. For their helpful re.. iews of earlier drafts of this Article, the author is grateful to Aviam Soifer, Dean and Professor at Boston College Law School; Professors Ingrid M.